UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


Pennsylvania 
Common  School  Law 


—BY- 
CHESTER  C.  BASHORE,  LL.  B. 

Of  the  Cumberland  County  Bar 


SONEY  &  SAGE 

Newark,  New  Jersey 

1906 


\V 


T 


COPYRIGHT,  1906 

BY 
CHESTER  C.  BASHORE 


TO  THE 
TEACHERS,  DIRECTORS  AND  PATRONS 

—OF— 
THE  COMMON  SCHOOLS 

—OF  THE— 

STATE    OF  PENNSYLVANIA, 
THIS  BOOK  IS  RESPECTFULLY  INSCRIBED 


PREFACE 


Within  recent  years  the  people  of  Pennsylvania  have 
manifested  a  deep  interest  in  the  cause  of  education,  and 
this  work  is  presented  with  the  hope  that  it  may  be  of 
value  to  those  who  may  desire  more  knowledge  upon  the 
subject. 

As  the  common  school  law  of  Pennsylvania  is  purely 
statutory,  it  has  been  the  plan  of  the  author  to  give  the 
Acts  of.  Assembly  bearing  on  a  given  subject,  following 
said  acts  by  the  decision  of  the  courts  relating  to  them. 

It  is  with  much  hesitancy  that  this  work  is  submitted 
to  the  public,  but  if  it  serves  as  an  aid  to  those  investigat- 
ing the  subject,  the  axithor  will  feel  amply  justified  in  his 
labors. 

The  writer  acknowledges  his  indebtedness  to  Arthur 
L,.  Reeser,  LL/.  B.,  for  his  valuable  assistance. 

CHESTER  C.  BASHORE. 
Carlisle,  Pa.,  September  i,  1906. 


TABLE  OF  CONTENTS 
CHAPTER    I. 

COMMON  SCHOOL  DISTRICTS. 

PACK 

1.  Creation  of i 

2.  Every  township,  borough  and  city  a  school  district 2 

3.  Shall  elect  assessors 2 

4.  Consolidated  districts.     Powers  of  controllers 3 

5.  Terms  of  directors  elected.     Courts   may  increase   number  to 

three  for  each  ward 4 

6.  Independent  districts.     Creation  of 4 

7.  When  districts  become  independent.     Powers  of  new  board 5 

8.  Collection  of  taxes 5 

9.  Against  formation 5 

10.  How  to  abolish  independent  districts 5 

11.  Abolish  whole  districts 6 

12.  Classification  of  school  districts 6 

13.  First  class 6 

14.  Second  class 6 

15.  Third  class 6 

16.  Fourth  class 6 

17.  Population  of  different  classes  of  cities.     First  class 6 

18.  Second  class 6 

19.  Third  class 6 


CHAPTER   II. 

CHANGES  IN   SCHOOL  DISTRICTS. 

20.  When  alteration  or  abolition  takes  place 7 

21.  Apportionment  of  existing  debt 8 

22.  Cutting  borough  out  of  township 8 

23.  District  municipal  corporation 9 

24.  Board  of  Health 9 

25.  When  cutting  boroughs  out  of  townships  does  not  create  new 

school  districts 9 

26.  Division  of  property  upon  formation  of  new  districts 10 

27.  Act  of  1862  is  a  remedial  law 11 

28.  Division  of  property n 

29.  Division  of  state  appropriation n 

30.  Division  of  property  upon  the  enlargement  of  school  districts.,  n 

31.  Annexation  of  land 12 

32.  Purpose  of  act 13 

33.  Contents  of  petition 13 

34.  Report  of  viewers.. 13 

35.  When  court  may  set  aside  decree 13 

36.  Proper  proceedings 14 

37.  Territory  becomes  part  of  new  district 14 


vi  TABLE  OF  CONTENTS.   Continued 

PAGE. 

38.  Merger  of  township.     Rights  and  liabilities 14 

39.  Certification  of  new  districts 15 

40.  Tax  cannot  be  levied  while  proceedings  are  pending 15 

41.  Duty  of  commissioners 15 

42.  Borough  school  districts 16 

43.  Constitution 16 

44.  Due  compensation 16 

45.  Court  shall  adjust  and  apportion  indebtedness 16 

46.  Trial  by  jury 18 

47.  No  authority  in  new  district i'S 

48.  Notice  to  persons  having  claims  against  the  district 18 

49.  Rules  for  collection  and  payment  18 

50.  Court  may  appoint  receiver.     Duty  of  receiver 19 

51.  How  indebtedness  shall  be   credited.     How    balance-    shall    be 

credited 1*9 

52.  Enforcement  of  orders  and  decrees 19 

53.  When  township  is  merged  into  one  borough 20 


CHAPTER  III. 

POWERS  AND  LIABILITIES  OF  SCHOOL  DISTRICTS. 

55.  May  sue  and  be  sued 21 

56.  To  purchase  or  sell  real  estate 21 

57.  Directors  shall  have  no  interest  in  property  purchased 22 

58.  Real  estate  held  in  trust 22 

59.  Conveyance  of    real  estate    to    school    district    by    surviving 

trustees 22 

60.  Deeds,  how  executed 23 

61.  Suits  by  and  against  school  districts 23 

62.  How  summons  must  be  made 23 

63.  Negligence 23 

64.  Statutory  power  of  officers 24 

65.  Execution  against  school  districts 24 

66.  Remedy 25 

67.  Special  writ  on  execution 25 

68.  Return 25 

69.  When  attachment  is  premature 25 

70.  Execution  on  judgment 25 

71.  Evidence  for  school  district 26 

72.  Procedure  on  a  judgment  rendered  by  a  justice  of  the  peace  or 

alderman  against  a  school  district 26 

73.  Record  of  certificate 26 

74-     Fee 27 

75.     Failure  to  comply  with  the  act.     Records  and  transcripts 27 


CHAPTER  IV. 

ELECTION  OF  DIRECTORS;  FILLING  OF  VACANCIES. 

76.  Creation  of  school  boards 28 

77.  Not  municipal  officers 29 

78.  Election  of  school  directors.     Term  of  office 29 


TABLE.  OF  CONTENTS,  Continued  vii 

PAGE 

79.  Petition.     Increase  of  number  of  directors 29 

80.  Vacancies.     Term 30 

81.  Election  of  school  directors  in  boroughs  not  divided  into  wards  30 

82.  Election  of  school  directors  in  boroughs  not  divided  into  wards  30 

83.  Designation  on  ballot 31 

84.  Vacancies 31 

85.  Directors  elected  under  former  laws 31 

86.  Appointment  by  the  court 31 

87.  Borough  school  directors 32 

88.  Election  of  directors  in  independent  districts 33 

89.  Election  of  directors  for  different  terms.     Use  of  "  stickers  "..  33 

90.  Returns  of  election,  how  made 34 

91.  Contested  elections,  how  decided 34 

92.  Filling  vacancies  at  any  election , 34 

93.  Purpose  of  the  act 35 

94.  When  school  board  fills  vacancy 35 

95.  Meaning  of  the  word  "  otherwise  " 35 

96.  Filling  of  vacancies  by  the  board 35 

97.  Expiration  of  term  of  appointment 36 

98.  Written  resignation 36 

99.  Decreasing  the  number  of  school  directors  to  two 37 

100.  Election  after  such  decrease 37 

101.  How  to  decide  tie  vote 37 

102.  Duty  of  school  board  to  act  and  determine  a  director's  right  to 

a  seat  when  there  is  a  tie  vote 38 

103.  Women  eligible  to  office  of  school  director 40 

104.  Legal  residences 40 

105.  Vacancies  without  resignation 40 

106.  Adopting  city  charter 40 

107.  Title  of  school  director , 40 

108.  Directors  exempt  from  serving  in  certain  office* 41 

109.  Incompatibility  of  officers 41 

no.  School  director  can  act  as  judge 41 


CHAPTER  V. 

ORGANIZATION     OF     BOARDS     OF     DIRECTORS     AND    CON- 
TROLLERS.    OFFICERS   AND  DUTIES. 

116.  When  board  shall  organize 43 

117.  Factional  organization 43 

118.  Oath  of  office 45 

119.  Officers  of  the  board 45 

120.  Business  at  meeting  of  organization 46 

121.  Election  of  secretary 46 

122.  How  to  determine  the  rights  of  rival  candidates 46 

123.  Certificate  of  election 47 

124.  Commencement  of  term 47 

125.  When  term  expires 47 

126.  Duties  of  officers.     The  president 48 


viii  TABLE  OF  CONTENTS,  Continued 

PAGE 

127.  Deeds  and  contracts 48 

128.  Orders 48 

129.  President  cannot  employ  teachers 48 

130.  President  cannot  employ  attorney 48 

131.  President's  duties  at  close  of  school  year 49 

132.  President's  liability 5° 

133.  The  secretary.     Duties.     Compensation 50 

134.  Names  and  addresses 5° 

135.  Countersign 5° 

136.  Monthly  reports 51 

137.  End  of  the  term 51 

138.  L/ast  adjusted  valuation 51 

139.  Duplicate 51 

140.  "  Pennsylvania  School  Journal  " 51 

141.  Deeds,  contracts,  etc 51 

142.  Required  to  sign  orders 51 

143.  May  receive  a  salary 52 

144.  No  extra  compensation 52 

145.  Treasurer  cannot  be  secretary 52 

146.  Duty  of  secretary  after  annual  appointment  of  teachers 52 

147.  The  treasurer.     Bond.     Powers  and  duties 52 

148.  When  to  enter  office 53 

149.  Payment  of  orders 53 

150.  Teachers'  rights 53 

151.  Violation  of  duty  of  treasurer  to  purchase  school  orders 53 

152.  Orders  on  the  treasurer 53 

153.  Executions.     Manner  of  payment 53 

154.  Reappointment  of  treasurer 54 

155.  Settlement 54 

156.  Settlement  by  the  auditors 54 

157.  Treasurers'  accounts  in  independent  districts 54 

158.  Percentage 54 

159.  Liability  of  treasurer  for  failure  to  pay  money  to  successor 54 

160.  Embezzlement 54 

161.  Annual  settlement  of  treasurer 55 

162.  When  settlement  is  conclusive 55 

163.  Erroneous  surcharge  of  treasurer.     Remedy 55 

164.  Bank 55 

165.  Unlawful  payment.     When  treasurer  liable 55 

166.  No  discretionary  power  of  treasurer 55 

167.  Penalty  for  failure  of  treasurer  to  pay  over  funds 56 

168.  Power  to  remove  treasurer 56 


CHAPTER  VI. 

MEETINGS.     VACANCIES.     APPOINTMENTS. 

169.  Meeting  of  directors  and  controllers 57 

170.  "  Stated  and  regular  meetings  of  boards  "  defined 57 

171.  School  directors  have  power  to  declare  vacancies  and  make 

appointments 58 


TABLE  OF  CONTENTS,  Continued  ix 

PAGE 

172.  School  directors  sustained  in  removing  absentees  and  appoint- 

ing others 58 

173.  Proceedings  to  ouster  a  director  for  absence.     Meaning  of  ex- 

pressions ''to  meet  at  the  call  of  the  president,"  "to  adjourn 
to  a  time  and  place  certain,"  and  "special  or  adjourned 

meetings  " 60 

174.  Procedure  upon  convening  of  board 62 

175.  Quorum 62 

176.  Motions  and  resolutions 62 

177.  When  no  business  can  be  transacted 63 

178.  Tie  vote  loses  the  question 63 

179.  Regular  meeting 63 

180.  Special  meeting  of  the  board.     By  whom  called 63 

181.  President  and  secretary  pro  tempore 63 

182.  To  prevent  delay 64 

183.  Directors'  annual  meeting.     Compensation 64 

184.  When  city  treasurer  becomes  school  treasurer 64 


CHAPTER  VII. 

POWER  OF  THE  COURTS  TO  REMOVE  DIRECTORS 

185.  Power  of  the  court  of  quarter  sessions  to  remove  directors 65 

186.  Removal  of  whole  board  for  failure  to  organize 65 

187.  Meaning  of  "  so  far  as  the  means  of  the  district  will  admit  "...  66 

188.  Removal  for  failure  to  elect  necessary  teacher 67 

189.  Removal  for  non-performance  of  duties 67 

190.  Power  of  the  court  of  common  plea  s  to  remove  directors 67 

191.  Power  of  the  court  to  grant  a  rule  upon  the  directors 68 

192.  Intentions  of  the  act 68 

193.  Power  of  the  court  to  remove  directors  under  the  act  of  June 

6,  1903 69 

194.  Attorney  fees  cannot  be  taxed  as  costs 72 


CHAPTER  VIII. 

DIRECTORS— CONTROLLERS  TO  ESTABLISH  SCHOOLS. 

195.  Establish  schools 74 

196.  Discretionary  powers  of  directors 75 

197.  Right  of  children  to  attend  school 75 

198.  No  race  distinction 75 

199.  Children  of  charitable  institutions -. 76 

200.  Residence  of  pupils 76 

201.  Mechanic  arts.     Athletics : 77 

202.  Free  kindergartens 77 

203.  Duty  of  schoo^  directors  to  visit  schools 77 

204.  Annual  report  to  county  superintendent 78 

205.  State  appropriation  forfeited 78 

206.  Power  of  directors  and  controllers  to  establish  grades  of  schools..  78 


x  TABLE  OF  CONTENTS,  Continued 

PAGE 

207.  Regulation  of  grade  and  transfer 78 

208.  Deaf  mute  children.     School  hoard  to  open  and  maintain  a 

special  school  for  their  education 79 

209.  Expenses  paid  out  of  school  district  funds 79 

210.  Indigent  blind  children.     Expenses  paid  out  of  school  funds ..  79 

211.  Extension  of  time 80 

212.  Homes  for  friendless  children.     Powers  of  trustees  and  mana- 

gers.    May  petition  court 80 

213.  Contents  of  petition  to  court  of  common  pleas 80 

214.  Order  of  court  and  duty  of  county  commissioners Si 

215.  Court  to  appoint  one-third  of  trustees  and  managers 81 

216.  Duties  of  treasurer 81 

217.  Duty  of  auditors 81 

218.  Admission  of  friendless  children 82 

219.  Visitors  of  institutions 82 

220.  Acceptance  of  act  and  employment  of  teachers 82 

221.  Admission  of   orphan  and  friendless  children   to  the  public 

schools.     Tuition 83 

222.  Children  of  soldiers 83 

223.  Children  not  to  be  employed  under  certain  age 84 

224.  Employers'  register  and  contents 84 

225.  Affidavit  by  parent  or  guardian 84 

226.  When  affidavit  by  child 84 

227.  Cost  of  affidavit 84 

228.  Qualifications  of  minors  under  sixteen.     Exceptions 84 

229.  Teacher's  certificate 85 


CHAPTER  IX. 

JOINT  SCHOOLS. 

230.  Establishment  of  joint  schools  of  adjoining  townships 86 

231.  Building  joint  school  house 86 

232.  Establishment  of  joint  schools  of  parts  of  adjoining  counties 

or  townships 87 

233.  Joint  meeting  of  boards  of  directors 87 

234.  School  directors  may  provide  transportation  for  children 87 

235.  When  schools  are  closed  by  reason  of  small  attendance 87 

236.  Application  of  the  act 87 

237.  Cost  of  transportation 88 

238.  Expenses  and  tuition,  how  paid 88 

239.  Directors  shall  not  be  party  to  any  contract 88 

240.  Purpose  of  act 88 

241.  Contract  for  transportation  of  children  under  act  1897 89 

242.  Attending  school  in  adjoining  districts , 89 

243.  Discretionary  power  of  school  boards 89 

244.  Discretion  of  directors  reviewable  by  the  courts 91 

245.  Contract  between  districts 91 

246.  Payment  of  tuition  by  non-resident  pupils 91 


TABLE  OF  CONTENTS,  Continued  xi 

CHAPTER  X. 

PUBLIC  HIGH  SCHOOLS. 

PAGE 

247.  Public  schools  in  cities  or  boroughs  with  a  population  of  5,000 

or  over.     Powers  of  controllers  and  directors 92 

248.  They  may  establish  a  public  high  school.     Admission 93 

249.  Supervision  over  teachers  and  pupils 93 

250.  Visitation 93 

251.  Branches  to  be  taught  and  books  used 93 

252.  Qualifications  of  teachers 93 

253.  Maximum  length  of  term.     Payment  of  expenses 94 

254.  Power  to  hold  or  convey  real  estate 94 

255.  Grounds  and  buildings 94 

256.  Site.     How  procured 94 

257.  Councils  shall  levy  tax.     Levying  of  tax  in  boroughs  not  di- 

vided into  wards 96 

258.  May  borrow  money  and  issue  bonds  therefor 96 

259.  Public  high  school  in  any  school  district 97 

260.  Joint  high  schools 97 

261.  Grades  of  high  schools 97 

262.  Annual  appropriation 97 

263.  Employment  of  teachers 98 

264.  Sworn  statements  to  superintendent  of  public  instruction 98 

265.  Supervision  of  high  school 99 

266.  Approval  of  courses  of  study 99 

267.  Centralization  of  township  schools  and  provision  for  township 

high  schools.     Definition  of  "centralization" 99 

268.  Petition  and  duty  of  school  board 99 

269.  Elections  and  ballots 100 

270.  Issuing  of  bonds 100 

271.  Course  of  instruction  and  transportation  of  pupils 100 

272.  When  children  may  attend  high  school  in  another  district 101 

273.  Children  may  attend  higher  grades  in  other  districts  101 


CHAPTER  XL 

EVENING  SCHOOLS. 

274.  Establishment 103 

275.  Employ  teachers 103 

276.  Qualifications  of  teachers 104 

277.  Expenses 104 

278.  Evening  high  schools  may  be  established 104 

279.  Admittance 104 

280.  Procedure  on  refusal  to  establish  evening  high  schools 104 

281.  When  to  take  effect 105 

282.  Additional  teachers 105 

283.  Petition  for  schools 105 

284.  Night  schools  for  manual  training  of  children 107 


xii  TABLE  OF  CONTENTS,  Continued 

CHAPTER  XII. 

SCHOOL  DIRECTORS  AND  CONTROLLERS  TO  DIRECT  STUDIES 
AND  EXPEL  PUPILS  FOR  MISCONDUCT. 

PAGE 

285.  Direct  studies  and  select  books 108 

286.  Branches  required  to  be  taught 108 

287.  Optional  as  to  other  branches 108 

288.  Additional  branches  in  cities  of  the  second  and  third  class 109 

289.  System  of  humane  education 109 

290.  Experiments  on  living  animals  forbidden 109 

291.  Monthly  reports 109 

292.  Physical  culture 109 

293.  Duty  of  school  directors,  controllers  and  boards  of  education...   no 

294.  Suspension  and  expulsion  of  pupils no 

295.  Power  of  committee  to  investigate no 

296.  Teachers  or  school  boards  may  expel  pupils in 


CHAPTER  XIII. 

LIABILITY  OF  DIRECTORS  AND  CONTROLLERS  — PAYMENT 
OF  EXPENSES. 

297.  Payment  of  necessary  expenses 115 

298.  Directors  have  no  authority  to  pay  a  pupil's  board 115 

299..    School  orders  or  warrants  are  not  negotiable 115 

300.  School  boards  not  authorized  to  purchase  drafts  or  commercial 

papers 115 

301.  School  directors  personally  liable 116 

302.  Liable  for  unlawful  settlement  with  tax  collectors .  118 


CHAPTER  XIV. 

SCHOOL  SITES. 

303.  Power  of  schqol  directors  or  controllers  to  enter  upon  and 

occupy  sufficient  ground  for  school  sites 119 

304.  Sites  for  school  houses 120 

305.  Location  of  school  houses 121 

306.  Review  by  the  courts 122 

307.  Report  of  viewers 122 

308.  School  board  acquires  no  fee 123 

309.  Power  to  discontinue  proceedings  under  act  April  9,  1867 123 

310.  Certain  land  owned  by  county  may  be  taken  for  educational 

purposes 123 

311.  Damages,  how  secured 123 

312.  Court  of  quarter  sessions  to  appoint  viewers.   Duties  of  viewfers..  124 

313.  Power  of  the  school  board  to  take  public  burial  places 124 

314.  Court  of  common  pleas  to  appoint  viewers.     Duties  of  viewers..  125 

315.  Appeal  from  report  of  viewers 126 

316.  Procedure 127 


TABLE  OF  CONTENTS,  Continued  xiii 

CHAPTER  XV. 

SCHOOL  HOUSES. 

PAGE 

317.  Buildings  for  school  purposes 129 

318.  Purpose  of  plans  and  specifications  of  school  houses 129 

319.  School  houses 130 

320.  Lighting 130 

321.  Classrooms,     Airspace ,. 130 

322.  School  boards  may  permit  use  of  grounds  for  recreation  pur- 

poses   130 

323.  Care  and  protection 131 

324.  May  lease  or  permit  use  of  grounds 131 

325.  Protection  of  school  houses, 131 

326.  Use  of  school  houses  for  literary  purposes 132 

327.  School  boards  may  purchase  United  States  flags 132 

328.  Fire  escapes 132 

329.  Examination  and  approval  of  fire  escapes 133 

330.  Criminal  liability  for  neglect  of  duty 133 

331.  Water  closets 134 

332.  Removal  of  directors  for  failure  to  comply  with  the  require- 

ments    134 

333.  Housesmustbe  separate. „„ 135 

334.  Duties  of  school  directors  and  controllers  to  remove  excrement 

and  waste  matter 135 

335.  Duty  of  the  president 135 

336.  The  duty  imposed  upon  directors  is  mandatory 135 

337.  Powers  of  school  board  to  contract  for  water  supply.     Term 

of  contract 138 

338.  Payment  of  costs. 138 

339.  Bills  shall  be  audited, 138 

340.  Power  of  school  board  to  approve  bond  of  contractors. 139 

341.  Void  contracts ...  139 

342.  Authority  of  contract 139 

343.  Awarding  contracts 139 

344.  Not  required  to  take  bids  for  heating 139 

345.  Unrecorded  acts  not  void 140 


CHAPTER  XVI. 

INDEBTEDNESS. 

346.  School  board  may  borrow  money '. 143 

347.  Amount  of  indebtedness  limited  by  the  constitution 143 

348.  No  matter  how  small  the  excess  over  the  constitutional  limita- 

tion, the  increase  shall  be  restrained 144 

349.  Without  an  election,  decree  of  court  authorizing  indebtedness 

over  2  per  cent,  is  null  and  void 144 

350.  Not  a  violation  of  the  constitution  whereby  adjusting  indebt- 

edness between  new  and  old  district  an  indebtedness  ex- 
ceeding 2  per  cent,  is  charged  against  one 144 


xiv  TABLE  OF  CONTENTS,  Continued 

PAGE 

351.  Resolution  of  school  board  to  lay  an  annual  tax  for  support  of 

library  not  an  increase  of  indebtedness  under  the  constitu- 
tion   144 

352.  What  the  word  "  indebtedness  "  shall  include 146 

353.  Calculating  assets  and  liabilities  to  determine  indebtedness....  146 

354.  Statement  of  indebtedness  to  be  published  annually 147 

355.  Annual  tax  for  the  payment  of  interest  and  debt  required  by 

the  constitution .'. 14? 

356.  Debt  may  be  increased  by  vote.     Manner  of  payment.     State- 

ment   147 

357.  Provisions  of  the  acts  providing  for  an  increase  of  indebted- 

ness must  be  strictly  complied  with 149 

358.  Statement  must  show  "  actual  indebtedness  " 149 

359.  Notice  of  election  on  question  of  increase.     Statement.     Elec- 

tion     150 

360.  Result  of  election.     If  for  increase,  tax  to  be  levied  for  pay- 

ment    151 

361.  Act  of  April  18,  1895,  limited  increase  of  debt  at  any  time  to 

two  per  cent 152 

362.  Bonds  may  be  redeemed  before  or  after  maturity  with  consent 

of  holders 152 

363.  Refunding  and  redemption  of  existing  indebtedness  incurred 

prior  to  April  28,  1875 153 

364.  Bonds  issued  since  April  18,  1895,  validated 154 

365.  Bona   fide   purchasers  of  school   bonds   or  other  securities. 

School  district  cannot  deny  statement  to  repudiate  bonds  ...   154 

366.  Where  debt  is  lawful,  though  some  provisions  of  the  act  are 

not  complied  with,  court  will  protect  innocent  purchasers 

of  bonds 155 

367.  Illegality  of  assessment  does  not  invalidate  bonds 155 

368.  Court  of  common  pleas  has  authority  to  authorize  debt  under 

act  of  1871 155 

369.  Power  of  the  court  of  common  pleas  to  adjust  indebtedness 156 

370.  The  act  of  1871,  above  quoted,  not  repealed  by  the  act  of  1874..  I5^ 

371.  Court  may  appoint  an  examiner  to  take  testimony  where  peti- 

tion is  presented  to  borrow  money 157 

372.  Issuing  of  bonds  in  pursuance  of  centralization   157 

373.  How  to  validate  indebtedness  created  by  school  directors  with- 

out assent  of  electors 158 

374.  Duties  of  corporate  authorities.     Notice 158 

375.  Election.     Tickets.     Time  of  holding.     Expenses 159 

376.  -Election  to  be  governed  by  existing  laws 159 

377.  When  debt  shall  become  valid.     Tax  to  pay  debt 160 

378.  Recall  of  bonds  irregularly  issued 160 

379.  Where  act  shall  not  apply 160 

380.  Adjustment  of  indebtedness  where  new  districts  are  formed  by 

the  erection  of  boroughs  out  of  townships  ;  where  township 
has  been  merged  into  more  than  one  borough,  etc.  Court, 
sitting  in  equity,  to  adjust  and  apportion  indebtedness 161 

381.  Act  of  June  24,  1895,  constitutional 162 


TABLE  OF  CONTENTS,  Continued  xv 

•  PAGE 

382.  Measure  of  value  of  school  property  in  adjusting  indebtedness..  162 

383.  Court  may  pass  upon  the  claims  of  third  parties  in  adjusting 

indebtedness. 162 

384.  Court  may  appoint  auditor  to  report  upon  adjustment 163 

385.  Notice  to  persons  to  present  claims.     Failure  to  present,  etc...  163 

386.  Court  to  make  necessary  rules  for  collection  and  payment  of 

the  adjusted  indebtedness 164 

387.  Court  may  appoint  receiver  to  whom  money   shall  be  paid. 

Duties  of 164 

388.  How  indebtedness  and  balance  in  the  treasury  shall  be  cred- 

ited   164 

389.  Costs,  how  paid 165 


CHAPTER  XVII. 

TAXATION. 

390.  Pennsylvania  constitutional  provision 168 

391.  School  board  to  determine  the  amount  of  tax 168 

392.  Tax  to  be  levied  but  once  a  year 168 

393.  Legal  requirements  as  to  determining  tax 169 

394.  Tax  levy.     Time  of  making  the  levy 169 

395.  Resolutions  and  proceedings  of  the  board  should  appear  upon 

the  minutes 170 

396.  No  tax  to  be  levied  by  directors,  except  by  affirmative  vote  of    * 

a  majority.     Votes.     Minutes 172 

397.  The  courts  demand  a  substantial  compliance  with  all  the  pro- 

visions of  the  act 172 

398.  Amount  of  tax  and  kind  of  taxables ., 173 

399.  Amount  of  tax  not  to  exceed  the  sum  of  state  and  county  tax..  173 

400.  County  commissioners  to  furnish  adjusted  valuation _ 174 

401.  School  tax  limited 174 

402.  Construction  of  29th  section  of  act  May  8,  1854 174 

403.  School  directors  to  levy  a  per  capita  tax  of  one  dollar 175 

404.  Collection 175 

405.  Per  capita  tax  to  be  in  lieu  of  occupation  tax •. —  175 

406.  Occupation  tax,  per  capita  tax,  implied  repeal  of  statutes,  acts 

1862,  1897 175 

407.  Subjects  not  taxable...    176 

408.  Tax  on  trust  property 177 

409.  Property  held  for  use  of  minors  residing  in  another  state- 177 

410.  Exonerations 177 

411.  Purposes  for  which  ordinary  school  tax  may  be  used 178 

412.  Surplus  of  ordinary  school  tax  may  be  used  for  payment  of 

debts  for  building  purposes , 178 

413.  Special  tax  for  building  purposes 179 

414.  Can  only  be  levied  when  there  is  an  ordinary  tax  levy 179 

415.  It  must  appear  that  tax  was  authorized  and  legal 180 


xvi  TABLE  OF  CONTENTS,  Continued 

.  PAGE 

416.  Not  to  be  levied  during  division  of  district 180 

417.  Ordinary  tax  and  building  tax  to  be  kept  separate 180 

418.  Special  tax  must  be  devoted  solely  to  purposes  for  which  au- 

thorized    181 

419.  -Special  levy,  mandamus,  act  of  1833 ~ 181 

420.  Building  tax  cannot  be  diverted  to  ordinary  school  purposes...  181 

421.  Building  tax  cannot  be  levied  for  ordinary  repairs 182 

422.  May  be  used  to  lease  a  building  for  school  purposes 183 

423.  If  excess  tax  be  levied,  collection  will  be  enjoined 185 

424.  Misappropriation   by  directors   will  render  them   personally 

liable 186 

425.  Taxation  for  purposes  of  library 186 

426.  Cannot  be  levied  to  pay  for  purchase  of  library  already  pur- 

chased    186 

427.  Lien  of  taxes 187 

428.  When  and  how  claims  must  be  filed 187 

429.  Assessment  of  taxes,  county  commissioners  to  furnish  copy  of 

last  adjusted  valuation 187 

430.  Additional  assessment,  persons  subsequently  moving  in  dis- 

trict  * 188 

431.  Assessment  in  new  districts 188 

432.  Assessment  in  independent  districts 188 

433.  Fraudulent  assessment  a  misdemeanor 189 

434.  Assessment  in  cities  of  the  third  class 189 

435.  Collection  of  taxes  in  boroughs  and  townships.     Election  of 

tax  collector 189 

436.  Tax  collector's  bond.     Renewal,  act  June  6,  1893 J9° 

437.  Vacancies,  how  filled 190 

438.  Filling  vacancies  under  act  July  2,  1895 190 

439.  Collector  to  give  bond  and  be  sworn 191 

440.  When  duplicate  to  be  issued 191 

441.  Powers  and  liabilities  of  collectors 191 

442.  Book  to  be  kept  and  subject  to  inspection  191 

443.  Public  notice  to  be  given,  term  of  payment 192 

444.  Collectors  may  levy  upon  goods  for  unpaid  taxes,  and  imprison 

delinquent  where  no  goods 192 

445.  Collector  may  sue  delinquent  for  recovery  of  unpaid  taxes 193 

446.  Days  and  times  fixed  for  payment 193 

447.  Compensation  of  collectors 194 

448.  Exonerations 194 

449.  Collectors  to  make  monthly  statements  and  payments 194 

450.  Board  of  school  directors  and  collector  shall  meet  together  an- 

nually    195 

451.  Directors  liable  for  unlawful  settlement 195 

452.  Failure  to  make  monthly  statement  and  payment  a  misde- 

meanor   jg6 

453.  Collector  to  pay  taxes  collected  to  officers  legally  entitled 196 

454.  Misappropriation  of  tax  fund  embezzlement 196 

455-    Judgment  against  collector  for  amount  due  from  him 197 

456.     Section  13.  act  April  n,  1862,  not  affected  by  act  June  25,  1885..  197 


TABLE  OF  CONTENTS,  Continued  xvii 

PAGE 

457.  Settlement  of  accounts  by  borough  auditors 198 

458.  Suit   on   bond   cannot   be   entered  until  after  settlement  by 

auditors 198 

459.  Suit  on  bond  properly  brought  in  assumpsit '.....   198 

460.  Collector  bound  by  auditor's  settlement  where  he  does  not  ap- 

peal    199 

461.  Taxes  charged  on  unseated  lands 199 

462.  Effect  of  repealing  clause  of  act  June  25,  1885 199 

463.  The  act  of  June  Z5,  1885,  does  not  repeal  the  act  of  1854 199 

464.  The  act  of  June  25,  1885,  is  constitutional 200 

465.  Collection  of  taxes  in  cities  of  the  third  class 200 

466.  Treasurer  of  cities  of  the  third  class,  shall  ex-officio  be  school 

treasurer 200 

467.  I/evying  taxes  in  cities  of  the  third  class 201 

468.  School  taxes  to  be  collected 201 


CHAPTER  XVIII. 

AUDITORS. 

469.  Auditors  to  settle  annually  the  accounts  of  school  treasurer. 

Appeal 202 

470.  Auditors  in  independent  school  districts 202 

471.  Duties 203 

472.  Compensation 203 

473.  Auditors  to  meet  annually  on  first  Monday  of  June 203 

474.  Presentation  of  claims 203 

475.  Powers  of  auditors  to  compel  the  attendance  of  witnesses 203 

476.  Two  settlements  of  district  accounts  contemplated.     Method 

as  to  treasurer's  account 204 

477.  Auditors  cannot  control  expenditures  made  by  directors 204 

478.  Auditors  to  settle  accounts  of  collector  of  taxes 204 

479.  Accounts  of  a  tax  collector  or  school  treasurer  not  settled  at 

the  proper  time  may  be  settled  by  auditors  of  subsequent 
year 204 

480.  School  directors  to  furnish  annual  statement  of  account  to 

auditors f. 205 

481.  Directors  may  be  compelled  to  furnish  statement  to  auditors  ..  205 

482.  But  they  cannot  be  compelled  to  furnish  statement  of  prede- 

cessors   206 

483.  Report  of  auditor.     Auditors  required  to  publish  statement  of 

accounts  and  file  copy 206 

484.  Failure  to  take  oath  does  not  vacate  office 207 

485.  Penalty  for  neglect  of  duty 207 

486.  Compensation 207 

487.  Settlement  of  auditors  conclusive  unless  appealed  from 207 

488.  Appeal  from  settlement  of  auditors 208 

489.  Taxpayers  may  appeal  from  auditors'  report 208 

490.  Exceptions  allowed  to  rulings  of  the  court  in  pending  appeals..  209 


xviii  TABLE  OF  CONTENTS,  Continued 

CHAPTER  XIX. 

DISTRICT  SCHOOL  LIBRARIES. 

PAGE 

491.  Establishment  of  district  libraries.     Directors  to  select  school 

houses  and  provide  cases 2io 

492.  School  boards  to  receive  money.     Purchase  of  books.     Annual 

accounts 211 

493.  Title.     Larceny  of  books,  etc.     Punishment 211 

494.  Use  of  books  regulated.     Liability  for  lost  books 212 

495.  Rules  and  regulations  to  be  established 212 

496.  Librarian.     Settlement 212 

497.  Duties  of  directors.     Selection  of  books 213 

498.  Use  of  books,  who  entitled  to  use 213 

499.  Legal  possession.     Ownership 214 

500.  Gifts  and  bequests 214 

501.  The  several  school  districts  of  the  Commonwealth,  except  cities 

of  the  first  and  second  class,  may  establish  and  maintain  a 
free  public  library 214 

502.  Use  of  school  houses 215 

503.  Taxation  for  free  public  libraries 215 

504.  Gifts  and  endowments  for  library 215 

505.  Repeal.......'. 216 

506.  Distribution  of  library 216 

507.  School  boards  may  take  private  property  for  public  library 

purposes 216 

508.  Damages.     Viewers.     Notice  of  meeting 217 

509.  Duty  of  viewers.     Report  to  court.     Judgments 217 

510.  Appeal  from  award  of  viewers.     Trial  by  jury 218 

511.  Notices 218 

512.  Compensation  of  viewers 218 

513.  School  directors   may  extend  aid  to  libraries  already  estab- 

lished.    Taxes 219 

514.  Manager's  annual  report.     Accounts  to  be  audited 219 

515.  Adjoining  townships  may  establish  libraries.     Aid  to  existing 

library.     Agreement.     Tax  levy 219 

516.  Annual  report.     Audit  of  account 220 

517.  Borough  councils  may  aid  free  public  libraries 220 

518.  Appropriation,  limit 221 

519.  Library  trustees,  powers  and  duties.     Election 221 

520.  When  election  of  trustees  may  be  dispensed  with 221 

521.  Supervision  of  libraries 222 

522.  Adjoining  school  districts  may  join  in  establishing  and  main- 

taining free  public  libraries,  or  join  in  aiding  those  other- 
wise established * .    222 


TABLE  OF  CONTENTS,  Continued  xix 

CHAPTER  XX. 

SCHOOL  TERM. 

PAGE 

523.  School  term 223 

524.  Days  for  improvement  of  teachers. 223 

525.  President  of  board  to  certify  the  whole  number  of  months  the 

schools  have  been  kept  open  and  in  operation. 224 

526.  School  month 224 

527.  Legal  holidays 225 

528.  Teaching  on  legal  holidays  forbidden 225 


CHAPTER  XXL 

COMPULSORY  ATTENDANCE. 

529.  Duty  of  parents,  guardians,  etc.     Attendance.     When  school 

boards  may  excuse 227 

530.  Application  of  the  act 228 

531.  To  what  children  act  shall  apply 228 

532.  Report  of  employers 228 

533.  Neglect  of  duty  a  misdemeanor _  229 

534.  Notice  to  parent _  229 

535.  Disposition  of  fines. 230 

536.  Power  of  attendance  officers 230 

537.  Disposition  of  truants 230 

538.  Compensation  of  officers. 231 

539.  Boards  may  establish  special  schools 231 

540.  Proceedings  against  truants  for  disorderly  conduct. 231 

541.  Assessors  to  make  a  list  of  children,  etc 232 

542.  Report  of  teacher 233 

543.  Refusal  or  neglect  of  officers 233 

5^.     Portion  of  appropriation  may  be  withheld 234 

545.  Parents  may  appoint  governess  or  private  teachers  without  cer- 

tificate and  not  violate  the  provisions  of  the  act  of  July  n, 
1901,  known  as  the  compulsory  school  law 234 

546.  District  assessor 237 


CHAPTER  XXII. 

POWER  OF  THE  COURTS  OF  QUARTER  SESSIONS  OVER  CHIL- 
DREN UNDER  SIXTEEN  YEARS  OF  AGE. 

547.  Preamble  of  act  defining  the  powers  of  courts  of  quarter  ses- 

sions with  reference  to  care  and  control  of  children  under 
age  of  sixteen  years 238 

548.  Jurisdiction  of  courts  of  quarter  sessions. 239 


xx  TABLE  OF  CONTENTS,  Continued 

PAGE 

549.  "Dependent  child,"  "neglected  child,"  "incorrigible  child," 

and  "delinquent  child  "  defined 239 

550.  Juvenile  court.     Sessions.     Records.     Assignment  of  judge ...  239 

551.  Powers  of  the  courts  may  be  exercised  upon  petition 240 

552.  Certificate  of  magistrate  or  justice  of  the  peace 240 

553.  Certificate  of  the  district  attorney 240 

554.  Action  of  the  judge 240 

555.  Powers  of  the  judge.     Custody  and  control  of  the  child 240 

556.  Appointment  of  probation  officers.     Duties 241 

557.  Commitment  of  child.     Order  on  parents  or  guardians  241 

558.  Discharge  from  reformatory  institutions.     Record 242 

559.  Guardianship.     Legal  adoption.     Guardianship  not  to  include 

estate 242 

560.  Care  of  the  child 242 

561.  Unlawful  to  confine  child  in  jail,  police  station 242 

562.  Limit  of  commitment 243 

563.  Religious  belief 243 

564.  Approved  family  home 243 

565.  Commitment  of  delinquent  child  under  the  age  of  twelve  years..  244 

566.  Trials  upon  indictment ! 244 


CHAPTER  XXIII. 

TEACHERS. 

567.  Qualifications 246 

568.  Teachers  to  be  examined  in  physiology  and  hygiene 246 

569.  Examination  in  physical  culture 246 

570.  Humane  education 246 

571.  Provisional  certificate.     To  whom  granted 247 

572.  Professional  certificate.     To  whom  granted 247 

573.  Renewal 247 

574.  Permanent  certificate.  To  whom  granted.  Authority  to  annul..  248 

575.  Examination  for  permanent  certificate 248 

576.  Permanent  certificates  issued  on  recommendation  of  commit- 

tee elected  by  county  institute.     Exceptions 249 

577.  Election  of  certain  grades  of  teachers  for  two  or  three  years. 

Dismissal 249 

578.  School  board  of  a  township  may  employ  teachers  for  the  term 

of  three  years  under  act  of  June  25,  1885 250 

579.  Permanent  state  teachers'  certificate.     To  whom  granted 252 

580.  Form  of  application.     Power  of  superintendent  of  public  in- 

struction to  annul  permanent  state  teachers'  certificates 252 

581.  Granting  of  permanent  state  teachers'  certificates  to  college 

graduates 253 

582.  Interstate  comity 254 

583.  Limitation  of  the  provisions  of  the  act 255 

584.  Annulment 255 


TABLE  OF  CONTENTS,  Continued  xxi 

PAGE 

585.  Dnty  of  teacher  to  make  monthly  report 255 

586.  Power  of  directors  over  teachers 255 

587.  When  teachers'  contracts  are  valid 256 

588.  Substantial  compliance 256 

589.  President  and  secretary  cannot  make  contract 257 

590.  Directois  cannot  elect  teachers  by  secret  ballot 257 

591.  Duty  of  school  directors.     To  record  the  vote  in  employing 

school  teachers 259 

592.  School  boards  should  not  exclude  women  because  of  their  sex..  261 

593.  Teachers  of  stenography  and  typewriting .• 262 

594.  Right  of  patrons  to  petition  for  or  against  the  appointment  of 

a  teacher 262 

595.  Minimum  .salary  of  school  teacher 263 

596.  Dismissal  of  teacher  for  immorality.     Accused  entitled  to  be 

heard 263 

597.  Dismissal  of  teacher  for  incompetency 264 

598.  Dismissal  of  teacher  for  refusing  to  be  vaccinated 264 

599.  Teachers  may  be  dismissed  for  insubordination  and  disobe- 

dience   266 

600.  Liability  of  school  directors  for  the  dismissal  of  a  teacher 266 

601.  Power  of  school  board  to  pass  upon  the  charge  of  cruelty  of  a 

teacher 267 

602.  Teachers  have  the  right  to  use  corporal  punishment 268 

603.  Government  of  schools.     Corporal  punishment 272 

604.  Offensesout  of  school 274 

605.  Quo  warranto 275 


CHAPTER  XXIV. 

SECTARIANISM. 

606.  Appearances  of  sectarianism 276 

607.  Wearing  of  any  religious  dress  or  emblem  prohibited 276 

608.  Penalties  for  violation  of  provisions  of  this  act 276 

609.  Use  of  school  houses , 277 

610.  Reading  of  the  Holy  Scriptures  is  not  sectarian  instruction 277 


CHAPTER  XXV. 

PUBLIC  HEALTH  ACTS. 

611.  Certain  children  not  allowed  to  attend  school  in  the  several 

municipalities  of  this  Commonwealth 286 

612.  Period  of  exclusion.     Purpose  of  physician's  certificate 287 

613.  Duty  of  principal  of  schools.... 287 

614.  Right  of  teachers  to  exclude  pupils  for  failure  to  be  vaccinated..  287 


xxii  TABLE  OF  CONTENTS  Continued. 

PAGE 

615.  Physician's   certificate   of    vaccination   or  small- pox       nder 

Sec.  12,  Act  of  June  18,    1895 288 

616.  Pupils  must  present  certificate  of  vaccination 289 

617.  Registry 294 

618.  Dutv  of  health  officers 294 

619.  Penalty 295 

620.  Fine  and  imprisonment 295 

621.  Act  includes  townships 295 

622.  The  Act  of  June  18,  1895,  P.  L.  203,  is  a  valid  exercise  of  the 

police  power  of  the  state 295 

623.  Township  school  board   to   exercise   the   power   of    board    of 

health.     Power  to  make  rules  and  regulations 300 

624.  Abatement  of  nuisances 300 

625.  Sanitary  agent 300 

626.  Duties  of  school   directors 301 

627.  School  directors  may  be  c  ompelled  to  organize  as  a   board   of 

health 302 

628.  Right  of  school  directors  to  exclude  pupils  for  failure  to  be 

vaccinated 302 

629.  School  district  not  liable  for  the  employment  of  a  physician 

by  the  school  board  under  Act  of  1899 305 

630.  Conflicting  opinions  as  to  the  liability  of  school  district  under 

Act  of  1899 307 

631.  Liability  of  borough  for  expenses  incurred  by  the  local  board 

of  health  in  employing  a  physician  to  vaccinate  school  chil- 
dren.    Opinion  by  Hampton  L.  Carson,  Attorney  General...  308 

632.  School  board  should  adopt  rules 311 

633.  Appointment  of  sanitary  agent 312 

634.  Sanitary  regulations  of   school  or  college  buildings 313 

635.  School  directors,  trustees  and  others  having  control  of  school 

buildings  to  adopt  a  method  of  disinfection 313 

636.  Duty  to  disinfect 313 

637.  Approval  of  method  by  board  of  health 314 

638.  Not  to  interfere  with  school  session 313 

639.  Portion  of  appropriation  for  expenses 314 

640     Fine  for  neglect 314 


CHAPTER  XXVI. 

TEACHERS'  INSTITUTES. 

641.  Teachers' county  institute.      Organization 315 

642.  Report  of  county  superintendent  on  attendance 315 

643.  Contribution  from  county  treasurer  to  county  institute 316 

644.  Penalty  of  teachers  for   non-attendance 316 

645.  Teacher's  compensation  for  attending  institute 316 

646.  School  district  liable  for  teacher's  compensation 317 

647.  Compensation  not  to  exceed  two  dollars  per  diem 317 


TABLE  OF  CONTENTS  Continued.  xxiii 

PAGE 

648.  Pay  of  teachers  while  attending  institute  under  Act  of "1887...  317 

649.  Institute  accounts 318 

650.  Superintendent's  report  on  adjournment  to  superintendent  of 

Common  schools 318 

651.  Superintendent's  report  to  school  directors 318 

652.  City  and  borough  teacher's  institute 319 

653.  City  or  borough  superintendent  may  call  a  teachers'  institute..  319 

654.  Committee  on  permanent  certificates 319 

655.  Time  for  holding  city  teachers'  institute 319 


CHAPTER  XXVII. 

TEXT  BOOKS  AND  SCHOOL  SUPPLIES. 

656.  Series  of  school  books,  when  and  how  selected 320 

657.  Books  for  blind  children 320 

658.  Legal  requirements  to  purchase  text  books 321 

659.  Meeting  of  teachers  and  directors 321 

660.  Time  of  joint  meeting 321 

661.  Notice  to  teachers 322 

662.  Notice  and  meeting  of  directors 322 

663.  Object  of  teachers' meeting  with  the  board 322 

664.  Purchase  of  text  books  and  supplies 323 

665.  Use  of  text  books  during  vacation 323 

666.  Change  of  text  books 323 

667.  Penalty 323 

668.  Change  of  text  books  in  certain  cities 324 

669.  Price  list  of  books  to  be  furnished  and  adopted 324 

670.  Awarding  of  contracts 324 

671.  Penalty  for  violation  of  act.     Act  to  be  accepted 325 

672.  Restraining  purchase  of  school  books 325 

673.  Who  cannot  act  as  agents  for  the  sale  of  school  books 326 

674.  No  pecuniary  interest 326 

675.  Separate  accounts 326 


CHAPTER  XXVIII 

CITY  AND  BOROUGH  SUPERINTENDENTS  AND  SUPERVISING 

PRINCIPALS. 

676.  Cities  and   boroughs  having   certain   population   may    elect 

superintendent 327 

677.  Certificate  of  election.     Commission 328 

678.  Duties  of  Superintendent 328 

679.  Make  annual  report  and  attend  meetings 329 

680.  Supervising  principal  of  schools  in  townships  of  over  4,000  in- 

habitants   329 


xxiv  TABLE  OF  CONTENTS,  Continued. 

PAGE 

681.  Duties  of  principals 329 

682.  City  or  borough  superintendent  not    subject   to   authority   of 

county  superintendent 326 


CHAPTER  XXIX. 

COUNTY  SUPERINTENDENT. 

683.  Creation  of  office 331 

684.  Election  of  county  superintendent 332 

685.  Majority  of  whole  number  present  necessary  to  an  election 332 

686.  Oath  of  office > 332 

687.  Notice  of  election  for  county  superintendent 333 

688.  Duty  of  president  and  secretary  of  convention 333 

689.  Contested  elections 334 

690.  To  what  objections  must  be  made 334 

691.  Salary  of  county  superintendent 334 

692.  How  paid 335 

693.  Vacancies.     How  filled 335 

694.  Qualifications  of  county  superintendent 335 

695.  Test  of  qualification 336 

696.  Serving  as  county,  city  or  borough  superintendent  not  an  ab- 

solute test 337 

697.  Superintendent  of  public  instruction  required  to  issue  a  com- 

mission to  teachers  who  hold  a  professional  certificate,  when 
elected  as  county,  city  or  borough  superintendent 338 

698.  Eligibility  of  county,  city  or  borough  superintendent 330 

699.  Branches  to  be  taught 349 

700.  Examination  of  teachers 340 

701.  Superintendent  required  to  examine  teachers 341 

702.  Countersigning  teachers'  certificate 342 

703.  When  certificate  may  be  annulled 344 

704.  Legal    requirements   to   remove   a  teacher  on    "Ten    Days' 

Notice  " 344 

705.  When  certificate  will  not  be  granted 346 

706.  Power  of  superintendent  under  the  act 346 

707.  County  superintendent's  report  on  instruction  of  physiology 

and  hygiene 349 

708.  School  board  must  provide  competent  teachers.     When  state 

appropriation  withheld  or  forfeited 350 

709.  Duties  of  visiting  schools 351 

710.  No  authority  to  teach  for  compensation 351 

711.  School  directors'  expenses  paid  to  triennal  convention 351 

712.  Misdemeanor  for  any  candidate  to  pay  directors'  expenses  to 

convention 352 

713.  County   commissioners  to  furnish  office  for  county  superin- 

tendent   352 

714.  Power  to  remove  county  .superintendent 352 

715.  County   superintendent    removed    for  neglect  of    duty  and 


TABLE  OF  CONTENTS,  Continued.  xxv 

PAGE 

incompetency 352 

7 16.     Duty  of  county  superintendent  to  call  together  all  the  direc- 
tors for  certain  purposes 354 


CHAPTER   XXX. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

717.  State   superintendent  of  common  schools   to   be   appointed. 

Creation  of  office 355 

718.  Superintendent  of  public  instruction 355 

719.  Title  aTid  term  of  office.     Pennsylvania  Constitution 356 

720.  Vacancies 356 

721.  Filling  vacancy  in  office  of  superintendent  of  public  instruc- 

tion   356 

722.  Security.     Powers  and  duties 357 

723.  To  settle  controversies 357 

724.  Duty  to  give  information  relative  to  schools  laws 357 

725.  Superintendent  to  sign  orders  for  state  appropriation 357 

726.  Duty  to  prepare  and  forward  blank  forms 358 

727.  Annual  report  to  the  legislature 358 

728.  Duty  to  provide  a  seal  and  appoint  clerks 358 

729.  Power  to  remove  county  superintendents 358 

730.  County  commissioners  to  report  the  number  of  taxables 359 

731.  Effect  of  commissioners'  neglect  of  duty 359 

732.  Errors 359 

733.  Superintedent  to  employ  lecturers  and  instructors  at  summer 

assemblies 359 

734.  Superintendent  authorized  to  employ  stenographer.     Salary...  360 

735-     Certain  documents  to  be  placed  in  each  public  school 360 

736.     Copies  for  distribution 360 


CHAPTER  XXXI. 

STATE  APPROPRIATION. 

737.  One-third  on  number  of  paid  teachers 361 

738.  One-third  on  number  of  children  of  school  age 361 

739.  One-third  on  number  of  taxables 362 

740.  Certify  to  superintendents 362 

741.  Duty  of  assessors 362 

742.  Blanks  prepared 363 

743.  Enumeration  and  enrollment 363 

744.  Assessors 363 

745-  Blanks 363 

746.  Repeal 364 

747.  Basisof  distribution  by  taxables 364 


xxvi  TABLE  OF  CONTENTS,  Continued. 

PAGE 

748.  Failure  to  forward  certificate 364 

749.  Errors,  how  corrected 364 

750.  When  new  district  is  formed,  number  of  taxables  therein  and 

in  the  old  districts,  to  be  certified 365 

751.  Non-accepting  districts  which  have  put  schools  in  operation 

to  be  entitled  to  back  appropriations 365 

752.  Additional  state  appropriation 365 

753.  State  appropriations  to  districts  formed  after  triennial  assess- 

ment  366 

754.  Basis  of  distribution 366 

755-     When  warrant  shall  issue  for  state  appropriation 366 

756.     Appropriation  to  township  high  schools 367 


CHAPTER  XXXII. 

COMMON  SCHOOL  EDUCATION  IN  CITIES  OF  THE  FIRST  CLASS 

PAGE 

757.  Board  of  public  education.     Appointment  and  term 368 

758.  Vacancies.     Eligibility 369 

759.  Oath  of  office  369 

760.  Organization 369 

761.  Duties  of  board  of  education., 369 

762.  School  boards.     Election.     Term 369 

763.  Proviso  .„ 370 

764.  Eligibility.     Oath 370 

765.  Vacancies 370 

766.  Duties  and  powers  of  school  boards 370 

767.  Report.     Organization 371 

768.  Secretaries 371 

769.  Agents 371 

770.  Superintendent  of  schools  and  district  superintendent 371 

771.  Qualifications  of  applicants 372 

772.  License  or  certificate 372 

773.  Eligible  lists.     Appointment 372 

774.  Proviso 373 

775.  Teachers' retirement  fund 373 

776.  Superintendent  of  buildings 373 

777.  Deputies 374 

778.  Janitors : • 374 

779.  Superintendent  of  supplies.     Assistants 374 

780.  Appropriation  for  school  purposes.     Expenditures 374 

781.  The  board  to  be  a  corporation.     Titles 375 

782.  Powers,  rights,  etc 375 

783.  Cities  may  establish  institutions  for  scientific  and  educational 

instruction.     Acquisition  of  property.     Trustees 376 

784.  Public  health 376 

785.  Rules  and  regulations 376 

786.  Publicity 377 

787.  Election  of  teachers 377 


TABLE  OF  CONTENTS,  Continued.  xxvii 

CHAPTER  XXXIII. 

COMMON   SCHOOL   EDUCATION   IN   CITIES   OF   THE  SECOND 

CLASS. 

PAGE 

788.  Members  of  school  boards  forbidden  to  hold   any  office   of 

emolument  or  to  be  employed  by  school  boards 379 

789.  Repeal 379 

790.  Power  of  directors  of  sub-school  districts 379 

791.  Repeal 380 

792.  Mechanic  arts 380 

793.  Change  of  text  books  restricted  in  cities  of  second  class 380 

794.  Cities  may  establish  institutions  for  scientific  and  educational 

instruction.     Acquisition  of  property.     Trustees. 380 


CHAPTER  XXXIV. 

COMMON  SCHOOL  EDUCATION  IN  CITIES  OF  THE  THIRD  CLASS 

795.  Classification  of  cities 381 

796.  Cities  of  the  third  class  to  constitute  a  separate  school  district  383 

797.  Powers  of  controllers 383 

798.  Election  of  controllers.     Terms 383 

799.  Vacancies,  how  filled 384 

800.  Annual  organization  of  board.     Officers 384 

801.  Vacancies  in  offices  of  board 384 

802.  Salary  of  the  secretary 384 

803.  Bond  of  secretary.     Amount.     Condition 384 

804.  Election  of  two  controllers  for  the  same  term 384 

805.  Vacancies  for  unexpired  terms 385 

806.  For  whom  electors  shall  vote.     Tickets  to  designate  term 385 

807.  Cases  of  two  or  more  vacancies 385 

808.  Proviso.     Election  of  controllers  in  cities  of  fifteen  or  more 

wards 385 

809.  Proviso.     Act  not  applicable  in  certain  respects  to  cities  of  the 

third  class  constituting  one  school  district 385 

810.  Directors  may  retain  old  laws  governing  them  upon  certain 

conditions.     Certificate  of  non-acceptance  to  be  filed 386 

811.  Proviso.     Boards  may  accept  provisions  of  the  Act  of  June  16, 

1891,  P.  L.  306 386 

812.  Effect  of  the  Act  June  1 6,  1891,  as  to  repeal 386 

813.*    Members  of  school  boards  prohibited  from  holding  the  office 

of  secretary  thereof 386 

814.  Wilfully  drawing  warrant  for  payment  of  persons  employed 

contrary  to  the  act,  declared  a  misdemeanor 387 

815.  Oath  of  controllers.     Form  of  oath.     Copy  to  be  filed 387 

816.  Controllers  may  administer  oath  to  each  other 388 

817.  Secretary  to  qualify  president 388 

818.  School  treasurer 388 


xxviii  TABLE  OF  CONTENTS,  Continued. 

PAGE 

819.  Separate  office  of  school  treasurer  in  cities  of  the  third  class 

was  not  abolished  by  Act  of  May  23,  1874.     Additional  com- 
pensation      3^8 

820.  City  treasurers  shall  be  the  collectors  of  all  the  city,  school 

and  poll  taxes 3^9 

821.  Mechanic  art  schools.     Athletics 389 

822.  Change  of  text  books  restricted  in  cities  of  the  third  class 389 

823.  School  taxes.     To  be  levied  on  city  assessment 390 

824.  Certification  of  assessment  to  board 390 

825.  Repeal 39° 

826.  Cities  may  establish  institutions  for  scientific  and  educational 

instruction.     Acquisition  of  property.     Trustees 390 

827.  Sinking  fund  for  payment  of  debt 390 


CHAPTER  XXXV. 

STATE  NORMAL  SCHOOLS. 

PAGE 

828.  Normal  school  districts 393 

829.  Thirteenth  normal  school  district  erected 394 

830.  Establishment  of  normal  schools 394 

831.  Management  of  normal  schools  by  board  of  trustees.     Votes...  395 

832.  Power  of  boards  of  trustees  to  receive,  hold  and  use  real  and 

personal  estate 395 

833.  Trustees  to  make  annual  reports.     Visitation 395 

834.  Suitable  buildings  and  other  requisites  of  such  schools 396 

835.  Hall,  lodging  rooms  and  refectories 396 

836.  Library  for  use  of  students — . 397 

837.  Professors 397 

838.  Principal 397 

839.  Course  of  study 397 

840.  Model  schools 398 

841.  Qualifications  for  admission 398 

842.  Text  books .«. 398 

843.  Students  admitted  to  schools  on  school  district  account.     Ex- 

amination   398 

844.  Compensation  from  other  students 399 

845.  When  pupils  from  school  district  may  be  instructed  in  normal 

schools.     Payment  of  expenses.     Action  to  be  entered  upon 
the  minutes : : 399 

846.  Admission  of  teachers  from  common  schools '400 

847.  Examinations   of   graduating  classes.     Board  of   Examiners. 

Appointment  of  board 400 

848.  Appropriation  for  expenses  of  board  of  examiners 400 

849.  Manner  of  holding  examinations 400 

850.  Power  to  expel  students  attending  school  on  district  account ..  401 

851.  Examination  of  schools  desiring  to  be  admitted  to  the  privi- 

leges of  normal  schools 401 


TABLE  OF  CONTENTS,  Continued.  xxix 

PAGE 

852.  Proceedings  where  two   or   more   schools   make  application. 

Visitation 4°2 

853.  Examination   of  candidates   for   graduation.     Certificates  of 

scholarship...,. ' 4°2 

854.  Certificates.     Effect  thereof 403 

855.  When  additional  certificate  maybe  granted 403 

856.  When  certificates   of  graduation   shall  be  issued.     Proof  re- 

quired   4°3 

857.  Normal  school  second  diploma 404 

858.  Number  of    votes    necessary   to  obtain    a    certificate   or   to 

graduate 404 

859.  Provisional  certificates.     Degree  of  scholarship 405 

860.  Duty  of  students  who  graduate  on  district  account 405 

861.  Duty  of  superintendent 405 

862.  When  normal  schools  shall  go  into  operation 406 

863.  Requisites  for  the  establishment  of  a  normal  school.     Exami- 

nations   406 

864.  State  trustees.     Appointment ,. 407 

865.  State  appropriation 407 

866.  Allowance   to   students  who  agree  to  teach  in  the  ccmmon 

schools 407 

867.  Instruction  of  pupils  drawing  an  allowance 408 

868.  Allowance   of    fifty   dollars   to   certain   graduates  of   normal 

schools.. 408 

869.  Graduates  under  seventeen  years  old  not  entitled  to  fifty  dol- 

lar allowance 408 

870.  Trustees  and  their  powers.     Election  and  appointment 408 

871.  Elections  of  trustees  by  contributors  or  stockholders 409 

872.  State  trustees.     Nomination  and  appointment 409 

873.  First  election  and  appointment 409 

874.  Quorum 409 

875.  Powers  and  privileges  of  the  two  classes  of  trustees 410 

876.  Meeting  of  board  of  trustees.     Majority  of  trustees  requisite 

to  pass  motions 410 

877.  Distribution  of  state  appropriation 410 

878.  Limitation  of  indebtedness 411 

879.  Bonded  indebtedness  may   be   refunded.     Increase  of  mort- 

gage.    Statement  toauditor  general 411 

880.  Execution  of  bonds  and  mortgages 411 

881.  Priority  of  lien.     Exemption  from  tax 412 

882.  No  power  to  mortgage  without  special  statutory  authority 412 

883.  Normal  schools  subject  to  mechanics'  liens 412 

884.  Condemnation  of  real  estate.     Enlargement  of  school  grounds. 

Bond 412 

885.  Petition.     Appointment  of  viewers 413 

886.  Viewers  to  be  sworn  413 

887.  The  view.     Estimate  of  damages.     Report 413 

888.  Compensation  of  viewers 414 

889.  Appeal  from  report  or  viewers 414 

890.  Costs.     By  whom  paid ,...  414 


xxx  TABLE  OF  CONTENTS,  Continued. 

PAGE. 

891.  Eminent  domain.     Entension  of  corporate  privileges 414 

892.  Officers  of  institutions  receiving  state  aid  shall  not  sell  or  fur- 

nish supplies.     Misdemeanor.     Fine  and  penalty 418 

893.  Manager  or  trustee  of  an  institution  receiving  state  aid  forbid- 

den to  sell  or  furnish  supplies  to  students 4J8 

894.  State  may  purchase  real  estate  of  normal  school  in  certain  cases 

895.  Return  of  sale  to  be  made  to  auditor  general 421 

896.  Appropriation  to  pay  purchase  money 421 

897.  Insurance  money  to  be  held  in  trust 421 

898.  Insurance  money  to  be  used  for  repairing  and  rebuilding 421 


CHAPTER  XXXVI. 

SCHOOL  FOR  CORN  PLANTER  INDIANS. 

899.  Preambles 423 

900.  Appropriation  for  schools  among  Cornplanter  Indians 423 

901.  Provision  for  the  erection,  furnishing  and  equipment  of  school 

house  on  Cornplanter  Indian  lands.     Preambles 424 

902.  Commission  to  be  appointed  by  governor 424 

903.  Plans  for  the  erection  of  a  school  building 425 

904.  Contract 425 


CHAPTER  XXXVII. 

MISCELLANEOUS. 

905.  Appointment  of  trustee  of  property  conveyed  by  academy  to 

common  school  district 426 

906.  Duties  of  trustee %. 427 

907.  Bond  of  trustee 427 

908.  Account 428 

909.  Removal  of  trustee 428 

910.  Independent  school  districts 428 

911.  Independent  school  districts  abolished 428 

912.  When  act  to  take  effect.     Proceedings  to  continue  independ- 

ent school  districts 429 

913.  How  rights  of  property  are  to  be  determined. '  Notice 429 

914.  Notice 429 

915.  Report  of  commissioners 430 

916.  In  reporting  a  new  district,  the  commissioners  should  annex 

a  draft 430 

917.  Duties  of  assessors 431 

918.  Election  of  school  directors  in  independent  districts 431 

919.  How  independent  school  districts  may  be  formed 432 

920.  Proceedings  upon  erection  of  new  independent  school  dis- 

.    tricts 432 


TABLE  OF  CONTENTS,  Continued.  xxxi 

PAGE. 

921.  Duties  of  county  commissioners 433 

922.  Construction  of  Act  May  8,  1855,  P.  I/.  509.     Court  may  vacate 

decree  erecting  independent  school  district 434 

923.  When  certain  independent  school  districts  created  by  courts 

of  common  pleas  may  be  abolished 434 

924.  When  other  independent  school  districts   may  be  abolished. 

Disposition  of  property t 435 

925.  Elections  in  independent  school  districts  regulated 435 

926.  Abolition  of  independent  school  districts  created  by  the  courts 

of  quarter  sessions 436 

927.  Reversion  of  property 436 

928.  Application  of  Act  of  April  22,  1903,  P.  L,.  237 437 

929.  Repeal 437 

930.  Against  formation  of  independent  school  districts 437 

931.  Liquor  license  money  payable  to  school  districts 437 

932.  Penalties  recovered  for  trespass  upon  private  property  to  be 

paid  to  the  school  fund 438 

933.  Fine  and  penalty 438 

934.  Penalties  payable  to  the  school  fund 438 


CHAPTER   XXXVIII. 

FORMS. 

936.  Agreement  between  teacher  and  directors 339 

937.  Form  of  annual  statement  of  district  accounts 440 

938.  Order  of  district  treasurer 442 

939.  Bond  for  treasurer  of  school  district 442 

940.  Bond  of  collector  of  school  tax 443 

941.  Oath  of  collector  of  school  tax 444 

942.  Warrant  to  collector  of  school  tax 444 

943.  Certificate  by  collector  to  county  commissioners  of  unpaid 

school  tax  on  unseated  lands 445 

944.  Certificate  to  prothonotary  of  unpaid  balance 446 

945.  Petition  for  appointment  of  sanitary  agent  under  act  of  April 

n,  1899,  P.  L.  38 446 

946.  Decree 447 

947.  Notice  of  convention  of  school  directors  for  election  of  county 

superintendent 448 

948.  Petition  for  removal  of  school  directors.     Act  May  8,   1854, 

Sec.  9,  P.  L.  617.     Act  April  22,   1863,   Sec.   9.     See  Chap. 
VII.  Sec.  185 448 

949.  Petition  to  appoint  inspector  of  school  accommodation.     Act  - 

June  6,  1893,  P.  L.  330 449 

950.  Petition  for  removal  of  school  directors.     Act  May  8,  1854,  Sec. 

9,  P.  L.  617.     SeeChap.  VII.  Sec.  185 450 

951.  Application  for  state  normal  diploma 451 

952.  Form  of  practical  teacher's  state  certificate 452 

953.  Lease  of  house  and  lot  to  school  district 454 


xxxii  TABLE  OF  CONTENTS,  Continued. 

PAGE. 

954.  Deed  to  school  district 454 

955.  Bond  of  school  district  for  damages  for  appropriation  of  lands...  455 

956.  Apprenticeship  of  child  by  public  charitable  institution.     Act 

May  25,  1878,  P.  L,.   152 456 

957.  General  form  of  complaint  or  information 457 

958.  Physician's  certificate  of  vaccination 458 

959.  Teacher's  attendance  report 458 

960.  Secretary's  official  notice  of  absence  to  parent  or  guardian 459 

961.  Secretary's  report  to  the  principal  or  teacher 459 

962.  Summons  on  parent  or  guardian 460 

963.  Service  of  summons 461 

964.  Petition  to  assess  damages  for  a  school  house  lot.     Act  April 

9,  1867,  P.  I,.  51 461 


PART  I. 

Fourth  Class  School  District. 
CHAPTER    I. 

COMMON    SCHOOL    DISTRICTS. 

PAGE 

1.  Creation  of I 

2.  Every  township,  borough  and  city  a  school  district 2 

3.  Shall  elect  assessors 2 

4.  Consolidated  districts.     Powers  of  controllers 3 

5.  Terms  of  directors   elected.     Courts   may   increase   number   to 

three  for  each  ward 4 

6.  Independent  districts.     Creation  of 4 

7.  When  districts  become  independent.     Powers  of  new  board 5 

8.  Collection  of  taxes 5 

9.  Against  formation 5 

10.  How  to  abolish  independent  districts 5 

n.  Abolish  whole  districts 5 

12.  Classification  of  school  districts 6 

13.  First  class 6 

14.  Second  class 6 

15.  Third  class ; 6 

16.  Fourth  class 6 

17.  Population  of  different  classes  of  cities.     First  class 6 

18.  Second  class 6 

19.  Third  class 6 

Creation  of. 

i.  The  public  school  system  of  this  state  is  a  creature 
of  the  state  constitution  and  the  laws  passed  pursuant  to 
its  directions. 

Mr.  Justice  Brown  says  : — "  By  the  constitution  of 
1790  the  people  of  this  commonwealth  imposed  upon  the 
legislature  the  positive  duty  of  establishing  schools  through- 
out the  State  for  the  free  education  of  the  poor.  The  con- 
stitutional provision  was  : — "  The  legislature  shall,  as  soon 
as  conveniently  may  be,  provide,  by  law,  for  the  establish- 
ment of  schools  throughout  the  state,  in  such  manner  that 
the  poor  may  be  taught  gratis."  In  carrying  out  this  man- 
datory direction,  the  act  of  March  3rd,  1818,  P.  L,.  124,  was 
passed,  entitled  "  An  act  to  provide  for  the  education  of 
children  at  public  expense  within  the  city  and  county  of 
Philadelphia."  With  constantly  increasing  interest  in  the 
education  of  the  young,  the  legislature,  in  reflecting  public 
sentiment,  from  time  to  time  provided  for  public  schools, 


2  COMMON   SCHOOL   LAW 

created  school  districts,  and,  finally,  by  the  act  of  May  8th, 
1854,  P.  L.  617,  established  a  system  of  common  school 
education  for  all  the  counties  of  the  commonwealth.  What 
was  first  a  constitutional  requirement,  that  the  legislature 
should  establish  schools  for  the  education  of  the  poor  "gratis, " 
in  time  became  a  universal  demand  for  free  education  for 
all  classes,  and,  for  years,  to  thousands  of  the  children  of 
the  rich  as  well  as  the  poor,  common  schools  have  been  the 
only  colleges.  By  our  present  constitution  the  legislature 
is  to  provide  for  the  education  of  all  the  children  of  the 
commonwealth  through  "a  thorough  and  efficient  system 
of  public  schools."  A  review  of  constitutional  provisions 
and  legislative  enactments  clearly  shows  that  the  state  has 
regarded  the  education  of  its  children  as  one  of  its  duties 
and  functions,  the  performance  of  which  it  has  as  yet  dele- 
gated to  no  municipality.  Though  by  the  act  of  1854 
every  township,  borough  and  city  of  the  commonwealth  is 
made  a  separate  school  district,  its  affairs  are  not  managed 
by -the  township  or  municipal  authorities,  but  by  boards  of 
school  directors  or  controllers  elected  for  that  purpose.1 

Every  township,  borough  and  city  a  school  district. 

2.  A  system  of  common  school  education  be,  and  the 
same  is  hereby  deemed,  held  and  taken  to  be  adopted,  ac- 
cording to  the  provisions  of  this  act,  in  all  the  counties  of 
this    Commonwealth  ;    and  every   township,  borough  and 
city  dT  this  Commonwealth,  or  which   shall   hereafter  be 
erected,  shall  constitute  and  be  a  school  district,  subject  to 
the  provisions  of  this  act.2 

Shall  elect  assessors. 

3.  All  boroughs  and  townships  now  connected  in  the 
assessment  of  county  rates  and  levies,  shall  hereafter  be 
separate  and  independent  of  each  other  in  the  assessment  of 
said  rates  and  levies,  and  for  school  purposes ;  and  the  respec- 
tive townships  and  boroughs  so  separated' shall  elect  their 
own  assessors  and  other  officers,  whose  duty  it  shall  be  to 

1  Board  of  Public  Education  vs.  Ransley,  209  Pa.  51,  1904. 

2  Act  Ma}-  8th,  1854,  sec.  i,  P.  L.  617. 


COMMON   SCHOOL   DISTRICTS  3 

exercise  the  same  powers  and  authority  as  are  now  exer- 
cised by  township  assessors  generally,  and  the  discharge  of 
their  duties  in  relation  to  the  assessment  of  county  rates 
and  levies.3 

Consolidated  districts.     Powers  of  controllers. 

4.  School  districts  which  are  composed  of  cities  or  bor- 
oughs, divided  into  wards  for  school  purposes,  at  the  time  of 
the  passage  of  this  act,  shall  be  constituted  as  follows,  to  wit: 
each  ward  shall  retain  its  school  property,  both  real  and 
personal,  and  elect  a  separate  board  of  directors,  who  shall 
exercise  in  their  respective  limits  all  the  powers  and  duties 
of  school  directors,  as  regards  the  erection  or  repairing  of 
school  houses,  and   the  purchasing,  renting  or  selling  of 
school  houses  and  lots,  and  shall  also  levy,  assess,  collect 
and  disburse  in  and  upon  their  respective  wards,  all  taxes 
rendered  necessary  to  the  proper  exercise  of  the  foregoing 
powers;  but  all  other  powers  and  duties  pertaining  to  school 
directors,  which  are  conferred  or  enjoined  by  this  act,  shall 
be  exercised  in  such  city  or  borough  by  a  board  of  con- 
trollers composed  of  the  directors  of  the  several  wards,  who 
are  hereby  authorized  and  required  to  perform  all  the  duties 
belonging  to  boards  of  directors  in  single  districts,  with  the 
exception  contained  in  this  section:  provided,  that  when- 
ever all  the  boards  of  directors  in  any  such  city  or  borough 
shall  voluntarily  execute  deeds  of  conveyance  to  the  board 
of  controllers  for  all  the  school  property  belonging  to  their 
respective  wards,  and  shall  certify  the  same  to  the  superin- 
tendent of  common  schools,  then  and  in  that  case,  such  city 
or  borough  shall  thereafter  compose  a  single  school  district, 
in  the  same  manner  as  districts  not  divided  into  wards — 
but  the  number  of  directors  thereafter  elected  in  such  city 
or  borough  shall  be  tttree  for  each  ward.4 

Terms  of  directors  elected.    Courts  may  increase  number  to  three 
for  each  ward. 

5.  When  said  report  shall  have  been  confirmed  by  the 
court,  it  shall  at, the  same  time  decree  the  election  of  an 


3  Act  May  8th,  1855,  sec.  10,  P.  L,.  511. 

4  Act  May  8th,  1854,  sec.  2,  P.  L,.  617. 


4  COMMON   SCHOOL   LAW 

equal  number  of  councilman  and  school  directors  in  each 
of  the  wards,  in  such  a  manner  as  not  to  interfere  with  the 
terms  of  those  heretofore  elected.  And  the  said  court  may, 
after  having  once  fixed  the  number  of  councilinen  and 
school  directors,  increase  the  same,  on  petition  of  citizens 
of  any  such  borough,  to  any  number  not  exceeding  three 
for  each  ward,  and  at  the  next  succeeding  municipal  election 
thereafter  the  number  of  councilinen  and  school  directors, 
so  as  aforesaid  fixed,  shall  be  elected  as  is  provided  for  by 
existing  laws.5 

Independent  districts.     Creation  of. 

6.  Upon  petition  of  not  less  than  twenty  taxable  inhab- 
itants of  any  township  or  townships,  desiring  the  formation 
of  a  territory  upon  which  they  reside,  into  a  separate  and 
independent  common  school  district,  and  setting  forth  the 
bounds  of  such  proposed  district,  the  court  of  quarter  ses- 
sions of  the  proper  county  shall  appoint  commissioners  to 
view  the  premises  and  report  to  the  court,  at  its  next  term, 
the  lines  of  the  proposed  new  district,  either  according  to 
the  bounds  set  forth  in  the  petition,  or  to  such  other  bounds 
as  they  shall  think  more  advisable,    together    with    their 
opinion  on  the  expediency  of  establishing  or  not  establish- 
ing the  same  ;  the  proceedings  upon  which  petition  com- 
mission and  report,  and  the  final  disposition  thereof  shall, 
in  all  other  respects,  be  according  to  the  act  of  assembly 
now    in  force,  relative  to  the  erection  of  new  townships  : 
Provided,  that  if  said  proceedings  result  in  the  establishment 
of  a  new  common  school  district,  the  cost  of  the  commission 
and  the  office  fees  shall  be  paid  by  the  said  new  district,  but 
if  otherwise,  said  costs  and  fees  shall  be  paid  by  the  peti- 
tioners themselves.6 

• 

When  districts  become  independent. 
Powers  of  new  board. 

7.  When  a  new  district  shall  hereafter  be  formed,  such 
district  shall  not  be  considered  and  recognized  as  a  separate 

5  Act  May  I3th,  1889,  sec-  ^  P-  1*.  J93- 

6  Act  May  8th,  1855,  sec.  5,  P.  L.  509. 


COMMON    SCHOOL    DISTRICTS  5 

and  independent  school  district,  until  after  the  termination 
of  the  current  school  year  in  which  it  became  a  new  district, 
and  until  it  have  a  full  board  of  directors,  regularly  elected 
or  appointed,  and  organized  ;  except  that  the  directors 
thereof  shall  have  authority  to  levy,  assess  and  collect  tax, 
procure  school  houses,  and  do  all  other  acts  necessary  to  the 
commencement  of  the  schools  for  the  ensuing  year.7 

Collection  of  taxes. 

8.  It  is  held  that  the  township  collector  of  taxes  is, 
under  the  act  June  25,  1885,  to  collect  the  school  tax  in  an 
independent  school  district  within  the  limits  of  the  town- 
ship.8 

Against  formation. 

9.  The  policy  of  the  law  is  against  the  formation  of  the 
district.     Courts  will  not  create  them  excepting  where  the 
necessity  for  it  appears  clearly  and  affirmatively  from  the 
facts  in  the  case.9 

How  to  abolish  independent  districts. 

10.  Ill  all  cases  where  an  independent  school  district 
has  been  created  it  shall  be  lawful  for  the  courts  of  quarter 
sessions  of  the  county  in  which  such  independent  district  is 
located,  upon  application  to  said  court  of  a  majority  of  the 
taxable    citizens   resident   within  the  limits  of  such  inde- 
pendent school  district,  by  petition,  setting  forth  that  they 
desire  the  abolition  of  said  district,  to  hear  and  determine 
the  application  upon  its  merits  ;  and  if  deemed  expedient, 
the  said  court  shall  discontinue  the  said  independent  dis- 
trict.10 

Abolish  whole  district. 

11.  Judge  Mestrezat  said  :     "The  application  to  abol- 
ish an  independent  district  must  be  made  to  discontinue 
the  whole  and  not  a  part  of  the  district."11 


7.  Act  May  8th,  1854,  sec.  3,  P.  L,.  617. 

8.  Bitting  vs.  Commonwealth.  20  W.  N.  C.  178,  1887. 

9.  School  District  Hatfield  Township,  43  Leg.  Int.  277,  1885. 
School  District  Marcy  Township,  5  Kulp  64,  1888. 
Independent  School  District,  5  Del.  16,  1892. 

Watkins  Township  School  District,  70  Pa.  no,  1871. 

10.  Act  May  22,1903,  Sec.  I,  P.  L.  237. 

11.  Lagrange  Independent  School  District,  7  D.  R.  719,  1898. 


6  COMMON   SCHOOL   LAW 

Classification  of  school  districts. 

12.  The  school  districts  of  the  commonwealth  of  Penn- 
sylvania are  divided  into  four  classes,  as  follows,  namely  : — 

First  class. 

13.  Every  city  of  the  first  class  shall  constitute  a  sepa- 
rate school  district,  which  shall  be  known  and  designated 
as  a  school  district  of  the  first  class. 

Second  class. 

14.  Every  city  of  the  second  class  shall  constitute  a 
separate  school  district,  which  shall  be  known  and  desig- 
nated as  a  school  district  of  the  second  class. 

Third  class. 

15.  Every  city  of  the  third    class   shall    constitute  a 
separate  school  district,  which  shall  be  known  and  desig- 
nated as  a  school  district  of  the  third  class. 

Fourth  class. 

1 6.  Every  other  school  district,  as  such  school  district 
now  exists  or  shall  hereafter  be  created,  shall  constitute  a 
school  district  of  the  fourth  class.12 

Population  of  different  classes  of  cities. 
First  class. 

17.  Those  containing  a  population  of  one  million  or 
over  shall  constitute  the  first  class. 

Second  class. 

1 8.  Those  containing  a    population  of  one    hundred 
thousand  and  under  one  million,  shall  constitute  the  second 
class. 

Third  class. 

19.  Those  containing  a  population  under  one  hundred 
thousand,  shall  constitute  the  third  class.13 


12.  Act  April  22nd,  1905.     P.  L.  272. 

13.  Act  June  25^,1895,  Sec.  i,  P.L,.  275. 


CHAPTER  II. 

CHANGES   IN   SCHOOL   DISTRICTS. 

PAGE 

20.  When  alteration  or  abolition  takes  place 7 

21.  Apportionment  of  existing  debt 8 

22.  Cutting  borough  out  of  township 8 

23.  District  municipal  corporation 9 

24.  Board  of  health 9 

25.  When  cutting  boroughs  out  of  townships  does  not  create  new  9 

school  districts 

26.  Division  of  property  upon  formation  of  new  districts 10 

27.  Act  of  1862  is  a  remedial  law n 

28.  Division  of  property II 

29.  Division  of  state  appropriation II 

30.  Division  of  property  upon  the  enlargement  of  school  districts  n 

31.  Annexation  of  land 12 

32.  Purpose  of  act 13 

33.  Contents  of  petition 13 

34.  Report  of  viewers 13 

35.  When  court  may  set  aside  decree 13 

36.  Proper  proceedings 14 

37.  Territory  becomes  part  of  new  district, 14 

38.  Merger  of  township.     Rights  and  liabilities 14 

39.  Certification  of  new  districts 15 

40.  Tax  cannot  be  levied  while  proceedings  are  pending, 15 

41.  Duty  of  commissioners 15 

42.  Borough  school  districts, 16 

43.  Constitution 16 

44.  Due  compensation 16 

45 .  Court  shall  ad j  ust  and  apporti  on  indebtedness 1 6 

46.  Trial  by  jury 18 

47.  No  authority  in  new  district 18 

48.  Notice  to  persons  having  claims  against  the  district. 38 

49.  Rules  for  collection  and  payment 18 

50.  Court  may  appoint  receiver.     Duty  of  receiver 19 

51.  How  indebtedness  shall  be  credited.     How  balance  shall  be 

credited 19 

52.  Enforcement  of  orders  and  decrees. 19 

53.  When  township  is  merged  into  one  borough 20 

When  alteration  or  abolition  takes  place. 

20.  When  a  portion  of  a  common  school  district  is  de- 
tached therefrom,  by  the  alteration  of  township  or  borough 
lines,  or  when  an  independent  school  district  is  abolished, 
such  alteration,  or  abolition,  shall  not  take  effect,  for  school 
purposes,  till  the  commencement  of  the  school  year,  next 
after  the  end  of  that  in  which  it  shall  have  been  decreed  and 


8  COMMON   SCHOOL   LAW 

confirmed,  and  the  directors  in  the  detached  portion,  or  in 
the  abolished  district,  as  the  case  may  be,  shall  continue  to 
exercise  their  office  until  the  end  of  the  year  in  which  said 
alteration,  or  abolition  occurred;  and  that  the  school  real  es- 
tate and  movable  property  within  any  detached  portions  of 
districts,  or  abolished  districts,  shall  pass,  with  the  territory 
on  which  they  are  situated,  to  the  district  or  districts  to 
which  such  territory  becomes  detached,  or  reverts,  with 
like  right  in  the  directors  thereof  to  use  or  sell  the  same, 
as  the  proper  directors  had  before  the  alteration  or  aboli- 
tion ;  and  if  any  money  be  on  hand,  or  debt  unpaid,  or  any 
tax,  or  other  claims,  be  uncollected,  after  the  settlement  of 
all  accounts  of  the  current  year,  the  proper  court  shall 
divide  said  money,  or  debt,  amongst  the  districts  thus  ac- 
quiring territory,  in  such  proportions,  and  shall  make  such 
order  as  to  uncollected  tax,  or  other  claims,  due  by  said 
abolished  district  to  any  person  or  persons,  as  shall  be  just; 
and  any  sum  thus  decreed  to  be  due  by  any  district  or  in- 
dividual, shall  be  entered,  in  the  nature  of  a  judgment, 
against  the  same,  and  shall  be  subject  to  execution,  in  the 
manner  prescribed  by  the  twenty-first  section  of  the  general 
common  school  law  of  the  eighth  day  of  May,  one  thous- 
and eight  hundred  and  fifty-four.1 

Apportionment  of  existing  debt. 

21.  Under  this  act  there  is  no  provision  which  gives  the 
school  district  of  a  township  a  right  to  demand  compensa- 
tion from  a  borough  school  district  for  real  estate  situated  in  a 
portion  of  the  township  annexed  to  the  borough.     All  that 
the  school  district  of  the  township  can  demand  of  the  school 
district  of  the  borough,  is  that  any  existing  debt  of  the 
former  shall  be  apportioned  betwee'n  the  two  districts.2 
Cutting  borough  out  of  township. 

22.  Every  township  and  borough  is  a  school  district,  with- 
out respect  to  acre,  population  or  wealth.   When  a  borough 
is  formed  of  part  of  a  township,   it  thereupon   becomes   a 
distinct  district,  while  the  residue  of  the  township  remains 

1.  Act  April  ii,  1862,  sec.  10  P.  L.  473. 

2.  Watkins  Township  School  District,  18  Pa.  Superior  Ct. ,  293,  1901. 


CHANGES    IN    SCHOOL    DISTRICTS  9 

a  district  as  before.  The  law  has  no  provision  by  which 
the  summary  abolition  of  an  old  district  results  from  the 
creation  of  a  new  one  out  of  part  of  its  territory,  and  pro- 
vides no  test  for  determining  whether  the  old  one  is  left 
capable  of  the  necessary  functions  of  a  school  district.3 
Distinct  municipal  corporation. 

23.  Boroughs  are  distinct  municipal  corporations  from 
townships.     This  is  recognized  in  all  the  statutes  of  our 
state.     By  the  act  of  April  3,  1859,  it  is  provided  that  any 
borough  incorporated  from  within  a  township  shall  be    dis- 
tinct and  separate  therefrom.     The  same  act  provides  for 
the  election  of  school  directors.     By  the  act  of  May  8th, 
1854,  it  is  provided  that  every  borough  erected  after    the 
passage  of  that  act  shall  constitute  a  school  district  subject 
to  the  provisions  of  that  act. 

By  these  acts  it  is  clearly  indicated  that  the  formation 
of  boroughs  within  townships  make  them  an  entirely  separ- 
ate and  distinct  class  of  municipal  corporations  from  town- 
ships and  makes  them  subject  to  a  different  class  of  laws 
known  as  borough  laws.  When  boroughs  are  so  consti- 
tuted they  are  no  longer  controlled  and  regulated  by  the 
laws  relating  to  those  townships  but  are  governed  by  the 
statutes  regulating  boroughs  and  all  local  legislation  con- 
flicting with  the  acts  of  assembly  to  boroughs  must  give 
way.4 
Board  of  health. 

24.  The  school  board  of  a  township  out  of  which  a  bor- 
ough has  been  formed  will  not  be  required  to  act  as  a  board  of 
health  for  the  territory  occupied  by  the  new  borough  during 
the  remainder  of  the  year.5 

When  cutting  boroughs  out  of   townships    does   not  create    new 
school  district. 

25.  Whenever  a  borough  has  been  or  shall  be  erected  out 
of  a  portion  of  a  township,  leaving  the  remaining  portion 

3.  Old  Forge   School  District's  Indebtedness,  22  Pa.  Superior  Ct.    239 

1903. 

4.  Commonwealth  vs.  School  Directors,  8  Pa.   Superior  Ct.    257,    1898. 

5.  Commonwealth  vs.  School  Directors,  51  P.  L.  J.  374.  I9°4- 


10  COMMON    SCHOOL   LAW 

of  a  township  without  a  school  house,  and  with  less  than 
ten  resident  freeholders,  and  less  than  twenty-five  resident 
children  between  the  ages  of  six  and  sixteen  years;  then, 
and  in  such  case,  the  creation  of  such  borough  shall  not 
cause  a  division  of  the  school  d.istrict  of  the  township  out  of 
which  such  borough  was  formed ;  but  the  school  district, 
as  it  existed  in  such  township  before  creation  of  such 
borough  shall  be  and  remain  as  theretofore  :  provided,  how- 
ever, that  whenever  it  shall  be  made  to  appear  to  the  court  of 
common  pleas  of  the  proper  county,  by  petition  of  at  least 
twentv  freeholders  of  such  undivided  school  district,  and 

if 

proper  hearing,  that  the  portion  of  such  school  district  out- 
side the  borough  has  at  least  ten  resident  freeholders  and 
twenty-five  children,  as  aforesaid  ;  then  the  said  court,  in  its 
discretion,  may  decree  that  said  school  district  shall  be 
divided  into  two  districts,  one  consisting  of  the  territory 
within  such  borough,  and  the  other  to  consist  of  the  part 
of  the  original  township  territory  not  included  within  such 
borough  lines.6 

Division  of  property  upon  formation  of  new  district. 

26.  When  a  school  district  is  formed,  the  court  estab- 
lishing the  same  shall  determine,  on  hearing,  whether  an 
undue  proportion  of  the  real  estate  and  school  houses,  be- 
longing to  the  old  district  or  districts  are  within  the  bounds 
of  the  new  district,  and  if  so,  how  much  money  shall  be 
paid  therefor  by  the  new  to  the  old  district  or  districts,  and 
if  any  money  be  on  hand,  or  debt  unpaid,  or  any  tax,  or 
other  claims,  be  uncollected  after  settlement  of  all  accounts 
of  the  current  year,  the  proper  court  shall  divide  said 
money,  or  debt,  amongst  the  districts,  in  such  proportiors, 
and  shall  make  such  order  as  to  uncollected  tax,  or  other 
claims,  as  shall  be  just  ;  and  any  sum  thus  decreed  to  be 
due  by  any  district,  to  any  district  or  individual,  shall  be 
entered,  in  the  nature  of  a  judgment  against  the  same,  and 
shall  be  subject  to  execution  in  the  manner  prescribed  by 
the  twenty-first  section  of  the  general  common  school  law 


6.     Act  February  5,  1903,  sec.  1,  P.  I,.  4. 


CHANGES   IN   SCHOOL   DISTRICTS  II 

of  the  eighth  of  May,  one  thousand  eight  hundred  and  fifty- 
four.7 
Act  of  1862  is  a  remedial  law. 

27.  The  act  of  1862  is  a  remedial  law.  Its  object  was  to 
provide  for  an  equitable  division  of  the  school    property, 
not  according  to  the  needs  of  the  respective  districts,  but  in 
such  a  way  as  to  justly  distribute  the   burden   of    taxa- 
tion.8 

Division  of  property. 

28.  When  a  new  school  district  is  formed,  the  court 
shall   determine   whether  an  undue  porportion  of  the  real 
estate  and  school  houses,  belonging  to  the  old  district,  is 
within  the  bounds  of  the  new,  and,  if  so,  how  much  should 
be  paid  by  the  new  to  the  old  district,  means  an  undue  pro- 
portion, not  of  school  facilities,    but  of  value.     The    best 
method  of  apportionment  seems  to  be  to  determine  what 
share  of  the  total  value  is  due  to  the  contributions  of  each 
district,  and  whether,  tried  by  this   test,   the  new  district 
has  more    realty  than  its  own  contribution  entitles  it  to 
claim.     As  the  contribution  of  each  district  is    raised    by 
taxation,  the  apportionment  should  be  according  to  taxable 
value.     The  same  method  should  be  followed   in   dividing 
the    money    on    hand    and    the    debts.     Interest    on  debts 
should  be  divided  from   the  date  of  incorporation  of  the 
new  district.     But  interest  on  the  money  in  hand  and  upon 
the  undue  proportion  of  the  realty,  where  a  dispute  exists, 
should  not  begin  until  a  time  has  elapsed   long  enough  to 
allow  an  appeal  to  the  court  to  be  carried  through.9 
Division  of  state  appropriation. 

29. .  The  part  of  the  state  appropriation  is  to  be  divided 
according  to  the  ratio  of  taxables.io 
Division  of  property  upon  the  enlargement  of  school  districts. 

30.  Whenever,  heretofore,  a  common  school  district  has 
been,  or  hereafter  shall  be,  enlarged  by  the  annexation  of  a 


7.  Act  April  ii,  1862,  sec.  n,  P.  L.  474. 

8.  In  Re  School  Dist.  of  Luzerne  Borough,  3  Kulp  162,  1884 

9.  Williams  Township  vs.  Williamstown,  9  Pa.  C.  C.  65,  1890. 
10.  In  Re  School  Dist.  of  L/uzerne  Borough,  3  Kulp  162,  1884. 


12  COMMON   SCHOOL   LAW 

part  or  parts  of  a  township,  or  townships,  the  court  of  quar- 
ter sessions  of  the  proper  county  shall  determine,  on  hear- 
ing, whether  an  undue  proportion  of  the  real  estate  and 
school  houses  belonging  to  the  old  district  or  districts,  is 
within  the  bounds  of  such  enlarged  district,  and  if  so,  how 
much  money  shall  be  paid  therefor  by  such  enlarged  district 
to  the  old  district  or  districts  ;  and  if  any  money  be  on  hand, 
or  debt  unpaid,  or  any  tax  or  other  claims  be  uncollected,  after 
the  settlement  of  all  such  accounts  prior  thereto,  the  said 
court  shall  divide  said  money  or  debt  amongst  the  districts, 
in  such  proportions — and  shall  make  such  order  as  to  un- 
collected tax  or  other  claims — as  shall  be  just ;  and  any  sum, 
thus  decreed  to  be  due  by  any  district  to  any  district  or  in- 
dividual, shall  be  entered  in  the  nature  of  a  judgment 
against  the  same,  and  shall  be  subject  to  execution,  in  the 
manner  prescribed  in  the  twenty-first  section  of  the  general 
common  school  law,  on  the  eighth  of  May.  one  thousand 
eight  hundred  and  fifty-four.11 

Annexation!  of  land. 

31.  The  several  courts  of  quarter  sessions  of  this  Com- 
mon wealth  shall  have  authority,  within  their  respective  coun- 
ties to  annex  land,  or  parts  thereof,  of  persons  resident  in 
one  township  or  borough  of  another  township,  borough,  or 
to  a  city  containing  not  more  than  ten  thousand  in- 
habitants for  school  purposes,  so  that  when  so  annexed  the 
applicant  shall  pay  his  school  tax  and  be  included  within 
the  school  district  to  which  it  is  so  annexed  for  educational 
purposes,  and  remain  connected  with  the  district,  or  town- 
ship, or  borough  of  his  residence  for  all  other  purposes  ; 
and  the  said  court  shall,  upon  the  petition  of  any  one  de- 
siring such  change,  proceed  by  views  and  reviews,  in  the 
manner  and  under  the  restrictions  provided  under  the  act 
of  the  general  assembly,  approved  April  fifteenth,  one 
thousand  eight  hundred  and  thirty-four,  with  its  supple- 
ments, in  regard  to  the  alterations  of  the  lines  of  any  two 
or  more  adjoining  townships.  Provided,  that  all  the  costs 
of  such  proceedings  shall  be  paid  by  the  person  or  persons 


ii.     Act  April  3,  1903,  sec.  I,  P.  L.  142 


CHANGES   IN   SCHOOL   DISTRICTS  13 

applying  for  such  change :  And  provided  further,  that 
the  transfer  of  lands,  or  parts  thereof,  of  residents  of  a  town- 
ship or  borough,  to  any  such  city  for  school  purposes,  shall 
only  be  by  and  with  the  consent  of  the  board  of  school 
directors  of  both  districts :  And  provided  further,  that 
this  act  shall  not  affect  any  case  now  pending  in  any  of  the 
courts  of  this  Commonwealth.12 
Purpose  of  act. 

32.  This  act  does  not  authorize  the  annexation  of  land 
which  does  not  adjoin  the  school  district  to   which  it  is 
annexed.'3 

Contents  of  petition. 

33.  Where  the  petition  fails  to  set  forth  that  the  land 
proposed  to  be  annexed  adjoins  the  township  or  borough  to 
which   it   is  desired    to    annex    it,   the     petition  is  fatally 
defective.14 

Report  of  viewers. 

34.  The  report  of  the  viewers  must  be  filled  at  the 
next  regular  term  of  the  quarter  sessions.     Upon  failure  to 
do  so  an  order  cannot  be  made  to  file  it  nunc  pro  tune.15 
When  court  may  set  aside  decree. 

35.  Whenever,  by  proceedings  in  any  court  of  quarter 
sessions  of  this  Commonwealth,  the  land,  or  parts  thereof, 
of  persons,  resident  in  one  township  or  borough,  has  been 
or    hereafter    may    be    annexed    to  another  township    or 
borough,  for  school  purposes,  the  said  court  may,  at  any 
time  thereafter,  upon  application  of  one-third  of  the  taxa- 
ble citizens  of  the  township  or  borough  in  which  said  land 
is  situated,  by  petition  setting  forth  that  they  desire  thedecree 
of  the    court,  whereby  the  said  land  was  so  annexed,  to  be 
annulled  and  set  aside,  proceed  to  hear  said  application,  and, 
if  the  court  deem  expedient,  may  annul  and  set  aside  said 
decree.16 


12.  Act  of  April  17,  1876,  P.  L.  38. 
amending  Act  of  April  15.  1867. 

13.  Heidler's  Petition,  122  Pa.  653,  1888. 

14.  In  Re  Wolf's  Petition,  8  Kulp,  181.  1896. 

15.  Mt.  Pleasant  School  District,  20  Pa.  C.  C.  60, 

16.  Act  June  8,  1881,  Sec.  i,  P.  L.  69. 


14  COMMON   SCHOOL   LAW 

Proper  proceedings. 

36.  It  is  held  that  proceedings  for  the  detachment  of 
lands  theretofore  annexed  to  a  school  district  must  be  either 
under  this  act  or  the  act  of  June  2,  1891,  P.  L.  172,  and 
not  by  appointment  of  viewers  under  the  act  of  April,  17, 
1876,  P.  L.  38.'? 

Territory  becomes  part  of  new  district. 

37.  Whenever  territory   adjacent    and    adjoining    any 
city  of  the  third  class  comprising  one  school  district  has 
been  or  shall  hereafter  be  annexed  to  and  made  part  of  any 
such  city  of  the  third  class,  that  the  territory  or  district  so 
annexed  shall  constitute  and  form  a  part  of  the  school  dis- 
trict of  said  city. l8 

flerger  of  township.     Rights  and  liabilities. 

38.  Whenever  any  township  has  been  or  may  hereafter 
be  entirely  merged  into  more  than  one  borough,  and  the 
township  shall  thereby  have  ceased  to  exist,  and  the  school 
district  of  the  township  become  merged  into  the  school  dis- 
trict of  the    boroughs  erected    out  of  said  township,  the 
rights  and  liabilities  of  said  township  shall  devolve  in  just 
proportion  upon  the  school  districts  of  the  said  several  bor- 
oughs, but  the  school  district  of  no  such  borough  shall  be 
entitled  or  liable  as  aforesaid,  except  as  to  such  rights  and 
liabilities  as  existed  at  the  end  of  the  current  school  year 
in  which  it  became  a  new  district,  and  the  proportion  of 
each  new  district  as  aforesaid  shall  be  ascertained  in  like 
manner  as  prescribed  in  the  first  section  of  this  act ;  and  in 
all  actions  pending  by  or  against  the  school  district  of  said 
township,  the  school  district  or  districts  of  the  borough  or 
boroughs  entitled    or  liable    as  aforesaid,  shall,  by  rule  of 
court,  be  substituted  instead  of  the  school  district  of  said 
township,  and  in  actions  thereafter  brought  on  matters  in 
behalf  of  or  against  the  school  district  of  said  township, 
the  school  district  or  districts  of  the  borough  or  boroughs 
entitled  or  liable  as  aforesaid  shall  be  the  proper  parties  to 
prosecute  or  defend  the  same  as  the  case  may  be.19 


17.  Newry  School  District,  n  Pa.  Superior  Ct.  592,  1899. 

18.  Act  June  24,  1895,  Sec.  i,  P.  L.  239. 

19.  Act  June  24,  1895,  Sec.  2,  P.  L.  260. 


CHANGES   IN   SCHOOL   DISTRICTS  15 

Certification  of  new  districts. 

39.  The  clerks  of  the  courts  of  quarter  sessions  of  the 
several  counties  of  this  Commonwealth,  shall  forward  to  the 
superintendent  of  common  schools  a  certified  copy,  under 
seal,  of  the  decree  of  said  court  of  their  respective  counties, 
creating  any  new  school  district,  whether  it  be  formed  by 
the  incorporation  of  a  borough,  the  creation  of  a  new  town- 
ship, or  the  formation  of  an  independent  district,  said 
certificate  to  be  forwarded  within  thirty  days  after  the  entry 
of  such  decree  ;  the  costs  for  such  certificate  shall  be  a  legal 
charge  against  the  new  district  thus  formed.20 

Tax  cannot  be  levied  while  proceedings  are  pending. 

40.  Whilst  proceedings  are  pending  in   any  court  of 
this  Commonwealth  for  the  division   of  any   township  or 
school  district,  or  for  the  erection   of  any  borough,  it  shall 
not  be  lawful  for  the  school  directors  of  the   township  or 
district  proposed  to  be  divided,  or  out  of  which  such  bor- 
ough is  proposed  to  be  erected,  to  levy,  assess  or  collect  any 
tax  whatever  for  the  purchase  of  ground  or  for  school  build- 
ing purposes,  except  where  the  same  shall   be  necessary  to 
rebuild  a  school  house  accidentally  injured  or  destroyed,  or 
to  pay  a  building  debt  previously  incurred.2' 

Duty  of  commissioners. 

41.  Whenever  any  new  district  shall  be  formed  in  any 
county  of  this  Commonwealth,  it  shall  be  the  duty   of  the 
commissioners  thereof  to  certify  to  the  superintendent   of 
common    schools,  before   the  commencement  of  the   next 
succeeding  school  year,  the  number  of  taxable  inhabitants 
therein,  and  also  the  number  in  the  district  or  districts  from 
which  it  was  taken,  separately,  according  to   the  last  pre- 
ceding triennial  enumeration  of  taxables  made   for  school 
purposes,  so  that  the  whole  number  in   such  new  district, 
and  in  that  or  those  out  of  which  it  was  taken,  being  added 
together,  shall  be  neither  greater  nor  less   than  the  number 
that  was  therein  before  the  change  was  made,  and  accord- 


20.  Act  April  17,  1865.     See  i,  P.  L,.  62. 

21.  Act  June  13    1874,  Sec.  i,  P.  L.  284. 


1 6  COMMON    SCHOOL    LAW 

ing  to  the  last   triennial   certificate  or   return   of  taxables 
thereof  made  by  said  commissioners.22 

Borough  school  districts  shall  share  in  rights  and  liabilities  of 
townships  from  which  formed.  How  proportionate  share  of 
each  shall  be  ascertained. 

42.  Every  school  district  which  has  been  or  may  here- 
after be  formed  by  the  erection   of  a  borough   out  of  any 
township  or  parts  of  adjoining  townships  shall  share  in 
just  proportion,  in  the  rights  and   liabilities  of  the  school 
district  or  districts  of  said  township  or  townships   existing 
at  the  time  of  the  incorporation  of  such  borough,  the  pro- 
portion of  such  new  school  district  to  be  ascertained  by  ref- 
erence to  the  assessment  of  said  township  or  townships  for 
the  year  in  which  such  borough  was  incorporated,  and  in 
all  pending  actions  by  or  against  the  school   district  or  dis- 
tricts of  said   township  or  townships,  and    in  all    actions 
thereafter  brought  by  or  against  the  same,  the   new  school 
district  or  districts  liable  or  entitled  as  aforesaid  shall,  by 
rule  of  court,  be  made  co-parties  plaintiff  or  defendant  as 
the  case  may  be.23 

Constitution. 

43.  This  act  does  not  conflict  with  Article  III,  Sec.  3, 
of  the  constitution.24 

Due  compensation. 

44.  When  a  borough  by  its  incorporation  secures  more 
than  its  due  share  of  the  public  school    property,  it  will 
have  to  make  due  compensation  to  the  township  and    will 
also  have  to  bear  its  due  share  of  the  public  indebtedness.25 

Court  shall  adjust  and  apportion  indebtedness. 

45.  Whenever  any  school    district   has  been  or  may 
hereafter  be  formed  as  aforesaid,  or  whenever  any  school 
district  has  been  or  may  hereafter  be   entirely   merged  into 
more  than  one  school  district  as  aforesaid,  any    court  of 


22.  Act  May  18,  1854,  Sec.  49,  P.  L.  629. 

23.  Act  June  24,  1895,  Sec.  i,  P.  L.  259. 

24.  Parker  Township  Sch.  Dist.  vs.  Bruin  Borough  Sch.  Dist.  13  D.  R. 
769,  1903. 

25.  Stnithfield  Borough,  23  Pa.  C.  C.  583,  1900. 


CHANGES   IN   SCHOOL   DISTRICTS  17 

common  pleas  of  the  proper  county,  sitting  in  equity,  shall 
have  power,  upon  the  application  of  any  one  or  more  credi- 
tors of  the  school  district  or  districts,  of  said  township  or 
townships,  or  upon  the  application  of  the  proper  authori- 
ties of  the  school  district  or  districts  of  any  said  township 
or  townships,   borough  or  boroughs,  or  either  of  them,  by 
a  suit  or  suits  in  equity,  to  ascertain  the  indebtedness  of 
the  school  district  or  districts  of  said  township  or  town- 
ships at  the  time  of  the  formation    of  each  of  the  school 
districts  of  said  boroughs  respectively,  and  to  equitably  ad- 
just and  apportion  said   indebtedness  between  the  school 
district  or  districts  of  said  township  or   townships,   and 
borough    or  boroughs,    and    between    the    several   school 
districts  of  the  boroughs  into  which  any  township  shall 
have  become  merged,  as  aforesaid,  and  where  any  school, 
real  estate  and  movable   property  belonging  to  the  school 
district  or  districts    of  said   township  or  townships  are  or 
shall  be  within  the  bounds  of  any  such  new  district.     The 
said  court  shall  further  determine,  on  hearing,  whether  an 
undue  proportion  of  the  real  estate    and  movable  property 
belonging  to  the  old  district  or  districts   are   within    the 
bounds  of  the  new    district   and,  if  so,  how    much    money 
shall  be  paid  therefor  by  the  new  to  the  old  district  or  dis- 
tricts, and  the  court  shall  thereupon  decree  the  proportion 
of  said  indebtedness    which   each  of  said   school   districts 
shall  pay  and  the  amount  of  money,  if  any,  which  the  new 
district  shall  pay  to  the  old  district  or  districts  for  any   un- 
due proportion  of  the  school  property  within  the  bounds  of 
such  new  district.     In  making  said  adjustment  as  applied 
to  each  of  said  new  school  districts  reference  shall  be  had 
to  the  time  of  the   formation   of  such   new  school  district 
and  to  the  debts  existing  at  the  end  of  the  current  school 
year  in  which  it  was  formed,  whether  since  paid  or  not,  and 
also  to  the  several  amounts  of  school  taxes  then  unexpended 
and  the  said  adjustment  shall  be  based  upon  the  assessment 
of  said  township  or  townships  for  the  year  in  which  such 
new  district  was  formed  :     Provided,  That  in  ascertaining 
said    indebtedness,    neither   pending    actions    nor   claims 
against  the  school  district  or  districts  of  said  township  or 


1 8  COMMON   SCHOOL   LAW 

townships  founded  on  tort,  shall  be  included,  unless  the 
same  shall  in  the  meantime  have  been  prosecuted  to  final 
judgment.26 

Trial  by  jury. 

46.  This  act  does  not  conflict  with  Article  i,  Sec.  6,  of 
the  constitution,  which  preserves  the  right  of  trial  by  jury.27 
No  authority  in  new  district. 

47.  No  authority  is  conferred  by  this   act  to   decree  a 
balance  due  to  the  new  district  for  an  undue  proportion  of 
realty  and  movable  property  remaining  in  the  old  district.28 
Notice  to  persons  having  claims  against  the  district. 

48.  Three  months  public  notice  shall  be  given  under  the 
order  of  said  court  to  all  persons  having  claims  against  the 
school  district  or  districts  of  said  township  or  townships,  ex- 
cepting claims  in  pending  actions  and  claims  founded  on  tort, 
as  aforesaid,  to  present  the  same  on  or  before  the  day  therein 
named,  and  all  persons  not  presenting  their  said  claims  on 
or  before  the  said  day   shall  be   forever  debarred  from   en- 
forcing collection  of  the  same,  said   notice  to  be  published 
in  not  less  than  two   newspapers   of  the   proper   county,  if 
there  are  so  many  printed  in  said  county,  or  if  there  be  but 
one  newspaper  printed   therein,    then   said    notice  shall  be 
printed  in  the  same  and   shall    be  published   in  any    other 
manner  directed   by   the   said   court  :     Provided,  however, 
That  no  owner  or  holder  of  any   bond   or  bonds   of  any 
such  school  district  shall,  for  any  failure  to  present  or  make- 
proof  of  the  same  as  aforesaid,  be   precluded    or   debarred 
thereby  from  enforcing  collection  of  the  same.29 

Rules  for  collection  and  payment. 

49.  The  said  court  shall  have  power  to  make  all  need- 
ful rules,  orders  and  decrees  in  the  premises,  and  for  the 
collection  and  payment  by  the  school  district  or  districts  of 
said  township  or  townships,  borough  or  boroughs  of  the 
share  of  said  indebtedness,  respectively,  apportioned  to  them, 


26.  Act  June  24,  1895,  Sec.  3,  P.  L.  260. 

27.  Parker  Twp.  Sch.  Dist.  v.  Bruin  Boro.  Sch.  Dist.  13  D.  R.  769,  1903. 

28.  Munhall  Borough  School  District,  207  Pa.  638,  1904. 

29.  Act  June  24,  1895,  Sec.  4,  P.  L.  261. 


CHANGES   IN   SCHOOL   DISTRICTS  19 

and  of  any  sum  of  money  decreed  to  be  paid  by  any  such 
new  district  to  the  school  district  of  any  township  from 
which  it  was  formed  for  any  undue  proportion  of  school 
property  within  the  bounds  of  such  new  district,  and  may 
order  the  proper  officers  of  the  school  district  or  districts  of 
any  said  township  or  townships,  borough  or  boroughs,  or  of 
either  of  them,  to  collect,  by  special  taxation,  an  amount 
sufficient  to  pay  the  same,  either  in  any  one  year  or  by  an- 
nual installments,  as  to  the  court  shall  appear  just  and 
reasonable.30 

Court  may  appoint  receiver.     Duty  of  receiver. 

50.  The  said  court  shall  have  power,  in  its  discretion, 
to  appoint  a  receiver  to  whom  the  money  due  on  account  of 
indebtedness  from  each  sthool  district  for  the  purpose  afore- 
said shall  be  paid,  and  it  shall  be  his  duty  to  pay  over  the 
amount  so  received  by  him  to  the  holders  of  said  indebted- 
ness in  such  order  or  in  such  proportions  as  the  court  shall 
direct,  and  in  case  of  any  special  taxation  in  any  said  school 
district,  or  in  all  of  them,  being  ordered  for  or  on  account  of 
any  indebtedness  as  aforesaid,  the  collector  of  said  special 
tax  shall  pay  the  same  directly  to  said  receiver.31 

How  indebtedness  shall  b^  credited.   How  balance  shall  be  credited. 

51.  The  school  district  of  each  borough,  in  any  of  the 
cases  aforesaid,  shall  be  credited  with  the  proper  share  of 
such  indebtedness,  due  to  the  school  district  or  districts  of 
said  township  or  townships,  at  the  time  of  the  formation 
of  such  borough  district,  as  shall  have  since  been  collected, 
and  shall  likewise  be  credited  with  its  proper  share   of  any 
unappropriated  balance  in  the  treasury  of  the  school   dis- 
trict or  districts  of  said  township  or  townships  at  the  end 
of  the  current  school  year  during  which  such  borough  dis- 
trict shall  have  been  formed,  and  the  said  court   shall  have 
like  power  to  equitably  adjust  and  apportion  the  same.32 


30.  Act  June  24,  1895,  Sec.  5,  P.  L.  261. 

31.  Act  June  24,  1895,  Sec.  6,  P.  L.  262. 

32.  Act  June  24,  1895,  Sec.  7,  P.  L,.  262. 


2O  COMMON    SCHOOL   LAW 

Enforcement  of  orders  and  decrees. 

52.  The   costs  of  said  proceedings  shall  be  paid  by 
the  school  districts  of  the  said  several  townships  and  bor- 
oughs in  such  proportions  as  the  said  court  shall   adjudge, 
and  the  orders  and  decrees  of  the  said  court  in  such   pro- 
ceedings may  be  enforced  by  attachment.33 

When  township  is  merged  into  one  borough. 

53.  Whenever  any  township  has  been    or  shall   here- 
after be  changed  or  merged  into  one  borough  the  school 
district  of  said  borough  shall  succeed  to  all  the  rights  and 
liabilities  of  the  school  district  of  said  township,  and  in  all 
the  actions  pending  by  or  against  the  school  district  of  said 
township  the  school  district  of  said  borough  shall    be  sub- 
stituted as  party  instead  of  the  school  district  of  said  town- 
ship, and  in  all  actions    thereafter   brought  for  matters  in 
behalf  of  or  against  the  school  district  of  said  township  the 
school  district  of  the  said  borough  shall  be  the  party  plain- 
tiff or  defendant,  as  the  case  may  be,  instead  of  the  school 
district  of  said  township.34 

54.  Nothing  in  this  act  contained  shall  be  held  or  con- 
strued to  supersede  or  repeal  the  provisions  of  any  existing 
act  of  assembly  applicable  to  the  same  subject  matter.35 


33.  Act  June  24,  1895,  Sec.  8,  P.  L.  262. 

34.  Act  June  24,  1895,  Sec.  9,  P.  L.  262. 

35.  Act  June  24,  1895,  Sec.  10,  P.  L.  262. 


CHAPTER  III. 

POWERS   AND   LIABILITIES   OF    SCHOOL   DISTRICTS. 

PAGE 

55.  May  sue  and  be  sued 21 

56.  To  purchase  or  sell  real  estate 21 

57.  Directors  shall  have  no  interest  in  property  purchased 22 

58.  Real  estate  held  in  trust 22 

59.  Conveyance  of  real  estate  to  school  district  by  surviving  trustees  22 

60.  Deeds,  how  executed 23 

61.  Suits  by  and  against  school  districts 23 

62.  How  summons  must  be  made 23 

63.  Negligence 23 

64.  Statutory  power  of  officers 24 

65.  Execution  against  school  districts 24 

66.  Remedy 25 

67.  vSpecial  writ  on  execution 25 

68.  Return..... 25 

69.  When  attachment  is  premature 25 

70.  Executionon  judgment 25 

71.  Evidence  for  school  district 26 

72.  Procedure  on  a  judgment  rendered  by  a  justice  of  the  peace  or 

alderman  against  a  school  district 26 

73.  Record  of  certificate 26 

74.  Fee 27 

75.  Failure  to  comply  with  the  act.     Records  and  transcripts 27 

Hay  sue  and  be  sued. 

55.  The  several  school  districts  within  this  Common- 
wealth shall  have  capacity  as  bodies  corporate  : 

I.  To  sue  and  be  sued  as  such,  by  the  corporate  name 
of  the  school  district  of . 

To  purchase  or  sell  real  estate. 

56.  II. -To  purchase  and  hold  such  real  and  personal 
property  as  may  be  necessary  for  the  establishment  and  sup- 
port of  the  schools,  and  the  same  to  sell,  alien,  and  dispose 
of,  when  it  shall  no  longer  be  necessary  for  the  purposes 
aforesaid,  and  also,  whenever  the  board  of  directors  or  con- 
trollers, in  cases  where  school  property  has  been  conveyed  to 
them,  shall  deem  it  expedient  to  make  sale  of  the  said  real 
estate,  for  the  purpose  of  reinvesting  the  proceeds  thereof 
for  school  purposes.1 


i.     Act  May  8,  1854,  Sec.  18,  P.  L.  620. 


22  COMMON   SCHOOL   LAW 

Directors  shall  have  no  interest  in  property  purchased. 

57.  School  directors  interested  in  a  piece  of  property, 
may,  at  the  suit  of  a  taxpayer,    be  enjoined  from  voting 
in  favor  of  its  purchase  by  the  district ;  and  this  though  the 
purchase  is  being  made  in  good  faith  and  at  a  fair  price.2 

Real  estate  held  in  trust. 

58.  In  cases  where  real  estate  is  held   by  trustees,  or 
others,  for  the  general  use  of  a  neighborhood — for  a  school 
house  or  its  appendages — and  when  the  same  shall  cease  to 
be  required,  it  shall  be  lawful  for  the  said  trustees,  or  others, 
their  survivor  or  survivors,  or  successors,  to  convey  the  same 
to  the  proper  district,  which  shall  be  thereafter  held  by  said 
district,  for  the  same  term  and  for  the  same  uses  for  which 
it  was  originally  granted  to  said  trustees  or  others.     But 
should  the  said  trustees,  from  indisposition  on  the  part  of 
the  proper  board  of  school  directors  of  the  district,  to  accept 
of  said  conveyance,  or  from  other  causes,  find  it  impossible 
to  release  themselves  from  said  trust,  they,  or  a  majority  of 
them,  may  apply  to  the  court  of  common  pleas  of  the  proper 
county,  praying  said  court  to  authorize  and  direct  the  afore- 
said trustee,  trustees  or  other  persons,  to  make  sale  of  the 
same,  having  first  given  two  weeks'  previous  notice,  in  one 
or  more  of  the  public  prints  of  said  county,  of  the  time  and 
place  of  said  sales ;  and  shall  make  return  of  proceeds  of  sale 
to  said  court,  that  the  same  may,  by  the  direction  of  said 
court,  be  added  to  the  funds  of  the  proper  school  district ; 
whereupon  the  said  trustee,  trustees  or  other  persons,  shall 
be  discharged  from  all  responsibility  in  the  premises.3 

Conveyance  of  real  estate  to  school  district  by  surviving  trustees. 

59.  In  all  cases  where  real  estate  has  been  or  is  held  by 
the  trustees,  for  the  general  use  of  the  neighborhood  as  a 
school  house  or  its  appendages,  and  the   same  has  been  or 
shall  be  conveyed  to  the  school  district  by   the  surviving 
trustees,  such  conveyance  shall  be  as  valid  to  pass  the  legal 
estate  in  the  premises  to  such  school  district  as  if  executed 

2.  Witmer's  Appeal,  15  Atlau.  428,  1888. 

3.  Act  May  8,  1854,  Sec.  18,  P.  L.  617. 


POWERS   AND   LIABILITIES   OF.  SCHOOL   DISTRICTS        23 

by  all  of  them,  pursuant  to  the  fourteenth  section  of  the  act 
of  the  thirteenth  of  June,  1836.* 
Deeds,  how  executed. 

60.  .All  deeds   and   other   contracts    in  writing,  made 
by  a  school  district,  shall  be  signed  and  sealed  by  the  presi- 
dent of  the  board  of  directors  or   controllers,  and  counter- 
signed by  the  secretary.5 

Suits  by  and  against  school  districts. 

61.  All  suits  by  a  school  district  shall  be  brought  in 
its  corporate  name,  and  be  conducted  and  managed  by  the 
board  of  directors  or  controllers,  as  the  case  may  be  ;  and 
all  suits  against  such  district  shall  style  the  same  by  its  cor- 
porate name,  and  all  legal  process,  other  than  writs  to  en- 
force payment  of  a  judgment,  shall  be  served  on  either  the 
president  or  secretary  of  the  board  of  directors  or  control- 
lers, as  the  case  may  be.6 

flow  summons  must  be  made. 

62.  The  act  of  May  8th,  1854,  provides  that  all  suits 
against  a  school  district  shall  style  the  same  by  its  corporate 
name,  and  all  legal  process  other  than  suits  to  enforce  pay- 
ment of  a  judgment,  shall  be  served  on  either  the  president 
or  secretary  of  the  board  of  directors.     It  must  be  served 
personally  on  the  officer.     It  cannot  be  served  on  its  officers 
by  leaving  a  copy  at    his  house    with    an    adult  member 
of  the  family.7 

Negligence 

63.  School    districts    are    quasi   corporations    having 
limited  powers  for  carrying  out  the  common  school  system 
within  its  limits,  and  cannot  be  held  in  the  same  measure 
to  accountability  for  the  wrongful  acts  and  negligence  of  its 
officers,  servants  or  agents,  as  a  private  corporation  ;  hence 
is  not  liable  for  injuries  sustained  by  those  attending  its 
schools.8 


4.  Act  May  8,  1854,  Sec.  23,  P.  L-  622. 

5.  Act  May  8,  1854,  Sec.  19,  P.  L-  621 
6  Act  May  8,  1854,  Sec.  20,  P.  L.  621. 

7.  Flood  vs.  Masay  School  District,  9  Kulp,  385,  1899. 

8.  Ford  vs.  School  District,  121  Pa.  543,  1888. 


24  COMMON   SCHOOL   LAW 

Statutory  power  of  officers. 

64.  Mr.  Justice  Trtmkey  said  :  "A  person  is  not  liable 
for  the  acts  of  another  unless  the  relation  of  master  and 
servant  or  principal  and  agent  exists  between  them.     School 
districts  are  corporations  of  lower  grade  and  less  power  than 
a  city,  having  less  the  characteristics  of  private  corporations 
and  more  of  a  mere  agent  of  the  state.     They  are  territorial 
divisions  for  the  purposes  of  the  common  school  laws  and 
their  officers  have  no  powers  except    by   express    statutory 
grant  and  necessary  implication  ;    and  these  are  for  the  es- 
tablishment and  maintainance  of  the  public  schools.    The 
common  school  system  partakes  much  of  the  nature  of  a 
public  charity,  extends  over  the  whole  state,  is  sustained  by 
the  public  moneys,  and  the   directors,    who   devote  much 
time  and  labor  for  the  public  benefit,  receive  no  compen- 
sation for  their   services.     Unless  exempted  by  the  act  of 
incorporation,  or  by  law,  a  private  corporation  is  liable  for 
the  wrongful  acts  and  neglects  of  its  officers  done  in  the 
course    and  within  the   scope  of  their    employment,    the 
same  as  a  natural    person  is    for   the  acts  and  neglects  of 
his  servant  or  agent.     A  less  stringent  rule  applies  to  pub- 
lic corporations,    and  least  stringent  of  all  should  be  ap- 
plied to  school  districts,  whose  officers    have  limited  and 
denned  powers  in  a  system  exclusively  for  the  free  educa- 
tion of  the  children  in  the  commonwealth. 

The  directors  as  a  board  must  exercise  their  powers — 
the  board  may  make  contracts,  may  authorize  a  commit- 
tee to  make  a  contract,  and  may  appoint  an  agent  for  a 
proper  and  specific  purpose.  One  or  more  of  the  directors, 
without  authority  from  the  board,  can  make  no  contract 
binding  upon  the  district,  cannot  change  a  contract,  can 
do  no  act  fixing  the  district  for  a  liability.  He  may -be  per- 
sonally responsible  to  those  who  suffer  from  his  unauthor- 
ized acts,  as  any  other  citizen  would  be."9 

Execution  against  school  districts. 

65.  If  judgment  shall   be  obtained  against  a  school 
district,   in  any  action  of  proceeding,  the   party    entitled 


9.     School  District  of  the  City  of  Erie  vs.  Fuess,  98  Pa.  600,  1881. 


POWERS   AND   LIABILITIES   OF   SCHOOL   DISTRICTS        25 

to  the  benefit  of  such  judgment  may  have  execution  thereof, 
as  follows,  and  not  otherwise,  to  wit: — it  shall  be  lawful 
for  the  court  in  which  such  judgment  shall  be  obtained,  or 
to  which  such  judgment  shall  be  removed  by  transcript, 
from  a  justice  of  the  peace  or  alderman,  to  issue  thereon  a 
writ,  commanding  the  directors  or  controllers  and  treasurer 
of  such  school  district,  to  cause  the  amount  thereof,  with 
interest  and  cost,  to  be  paid  to  the  party  entitled  to  the 
benefit  of  such  judgment,  out  of  any  moneys  unappropri- 
ated of  such  district,  or,  if  there  be  no  such  moneys,  out  of 
the  first  moneys  that  shall  be  received  for  the  use  of  such 
district,  and  to  enforce  obedience  to  such  writ  by  attach- 
ment.10 
Remedy. 

66.  The  remedy  provided  by  this  act  is  exclusive,  and 
proceedings  by  an  ordinary  mandamus  cannot  be  sustained.11 
Special  writ  on  execution. 

67.  The  writ  provided    by    this    section    is    not  an 
alternative  mandamus,  but  a  special  writ  of  execution,  direct- 
ed against  the  money  of  the  defendant,  and  enforceable  by 
attachment  against  the  school  directors    of  the  district,  if  it 
is  not  obeyed.12 

Return. 

68.  A  return  of  "no  funds"  is  sufficient;  it  need  not 
state  why  such  a  state  of  things  exist.13 

When  attachment  is  premature. 

69.  Until  a  peremptory  writ  of  mandamus  has  been 
awarded  and  disobeyed  an   application   for  an  attachment 
against  the  school  directors  for  failing  to  pay  a  judgment 
as  commanded  by   mandate    or   alternative  mandamus,  is 
premature.14 

Execution  on  judgment. 

70.  Judge  Clayton  said  :     "  That  where  an  execution 
having  been  issued  upon  a  decree  from   which   there  has 


10.  Act  May  8,  1854,  Sec.  21,  P.  L.  621. 

n.  Commonwealth  vs.  Pease,  I  Dauphin  Co.  47,  1898. 

12.  O'Donnell  vs.  School  District,  133  Pa.  162,  1890. 

13.  Cavanaugh  vs.  Cass  School  District  6  Pa.  C.  C.  35,  1889. 

14.  School  District  vs.  School  District,  6  Pa.  C.  C-38, 


26  COMMON   SCHOOL   LAW 

been  no  appeal,  the  only  defence  allowable  is  the  want 
of  funds,  in  which  case  the  court  will  order  a  special  tax  to 
pay  the  debt."15 

Evidence  for  school  district. 

71.  That  no  person  shall  hereafter  be  incompetent  to 
give  evidence  in  any  suit  or  action  in   which  any  school 
district,  or  any  officer  thereof  is  a  party,  for  or  on  account 
of  said  person  being  an   inhabitant  of  the  district,  or  by 
reason  of  his  being  liable  to  the  payment  of  any  tax  in 
which  said  school  district  may  be  interested.16 

Procedure  on  a  judgment  rendered  by  a  justice  of  the  peace  or  al- 
derman against  a  school  district. 

72.  It  shall  be  the  duty  of  the  plaintiff  or  plaintiffs  in 
every  judgment  rendered   by  a  justice  of  the   peace  or  al- 
derman of  this  Commonwealth,  against  any  borough,  town- 
ship or  school  district  of  this  Commonwealth,  to  file,  with- 
in one  week  from  the  time  of  rendition  of  said   judgment, 
with  the  prothonotary  of  the  county  in  which  such  munici- 
pal   corporation    is  situated,    a    certificate   signed    by    the 
plaintiff  or  plaintiffs,  naming  the  parties  to  the  action  in 
which    said   judgment    was   rendered,    the    magistrate    by 
whom  rendered,  and  setting  forth  the  fact  and  date  of  the 
rendition  of  the  same  and  the  amount  thereof.17 

Record  of  certificate. 

73.  Immediately  upon  the  receipt  of  such  certificate  by 
the  prothonotary  of  such  county,  he  shall  enter  it  of  record 
in  a  book,  kept  by  him  in  his  office  for  that  purpose,  to  be 
called  the  ' '  Record  of  Suits  before  Justices  and  Aldermen 
against  Boroughs,  Townships  and  School  Districts,"  setting 
forth  therein  the  name  of  the  plaintiff,  the  name   of  the 
defendant  municipality,  the  sum  for  which   judgment  was 
entered,    the   date  of  its  rendition,  and  the  name  of  the 
justice  or  alderman  by  whom  the  judgment  was  given.'8 


15.  School  District  vs.  School  District,  4  Del.  97,  1889. 

16.  Act  May  8,  1854,  Sec.  51,  P.  L.  629. 

17.  Act  April  22,  1905,  Sec.  i,  P.  L.  296. 

18.  Act  April  22,  1905,  Sec.  2,  P.  L.  296. 


POWERS   AND   LIABILITIES   OP  SCHOOL   DISTRICTS        2J 

Fee. 

74.  For  entering  such   certificate  of  record,  the  pro- 
thonotary  shall  receive  the  sum  of  fifty  cents,   for  which, 
in  every  instance,  the  municipality  against  which  the  suit 
is  brought  shall  be  liable  to  the  prothonotary.19 

Failure  to  comply  with  the  act.     Records  and  transcripts. 

75.  Whenever  in  the  case  of  any  judgment  rendered 
by  any  justice  of  the  peace  or  alderman  of  this   Common- 
wealth, against  any  borough,  township  or  school  district  of 
this  Commonwealth,  the  provisions  of  this  act  shall  not 
be  complied   with,  no  transcript  of  such   judgment  may, 
at  any  subsequent  time,  be  filed  in  the  office  of  the  pro- 
thonotary, for  any  purpose  whatsoever  ;    and   neither  the 
justice's  nor  alderman's  record  of  such  judgment,  nor  any 
transcript  or  copy  thereof,  may  be  used  as  evidence  in  any 
proceedings  to  enforce  or  collect  said  judgment.20 


19.  Act  April  22,  1905,  Sec.  3,  P.  L.  297. 

20.  Act  April  22,  1905,  Sec.  4,  P.  L.  297. 


CHAPTER  IV. 

ELECTION   OF   DIRECTORS;   FILLING   OF  VACANCIES. 

PAGE 

76.  Creation  of  school  boards 28 

77.  Not  municipal  officers 29 

78.  Election  of  school  directors.     Term  of  office 29 

79.  Petition.     Increase  of  number  of  directors 29 

80.  Vacancies.     Term 30 

81.  Election  of  school  directors  in  boroughs  not  divided  into  wards  30 

82.  Election  of  school  directors  in  boroughs  not  divided  into  wards  30 

83.  Designation  on  ballot 31 

84.  Vacancies 31 

85.  Directors  elected  under  former  laws 31 

86.  Appointment  by  the  court 31 

87.  Borough  school  directors 32 

88.  Election  of  directors  in  independent  districts 3^ 

89.  Election  of  directors  for  different  terms.      Use  of  ''stickers"  33 

90.  Returns  of  election,  how  made 34 

91.  Contested  elections,  how  decided 34 

92.  Filling  vacancies  at  any  election 34 

93.  Purpose  of  the  act 35 

94.  When  school  board  fills  vacancy 35 

95.  Meaning  of  the  word  "otherwise" 35 

96.  Filling  of  vacancies  by  the  board 35 

97.  Expiration  of  term  of  appointment 36 

98.  Written   resignation 36 

99.  Decreasing  the  number  of  school  directors  to  two 37 

TOO.     Election  after  such  decrease 37 

101.  How  to  decide  tie  vote 37 

102.  Duty  of  school  board  to  act  and  determine  a  director's  right 

to  a  seat  when  there  is  a  tie  vote 38 

103.  Women  eligible  to  office  of  school  director 40 

104.  Legal  residences 40 

105.  Vacancies  without  resignation 40 

106.  Adopting  city  charter 40 

107.  Title  of  school  director 40 

108.  Directors  exempt  from  serving  in  certain  offices 41 

109.  Incompatibility  of  officers 41 

no.     School  director  can  act  as  judge 41 

Creation  of  school  boards. 

76.  Junkin  J.  says:  "Boards  of  school  directors  are 
the  creation  of  statutory  law,  having  no  existence  outside 

of  positive  enactment.  Neither  have  they  any  power  be- 
yond what  the  statutes  confer,  or  by  necessary  implication 
spring  from  the  duties  imposed.  The  things  which  they  are 
empowered  to  do,  they  may  perform ;  and  that  which  they 


ELECTION   OF   DIRECTORS;   FILLING   OF   VACANCIES     29 

are  not  empowered  to  do,  they  must  leave  undone.  They 
have  no  legislative  powers;  are  not  strictly  speaking,  a 
municipal  corporation.  They  are  a  special  statutory  tribu- 
nal ;  and  it  is  a  postulate  long  recognized,  that  such  bodies 
can  exercise  only  such  powers  as  are  expressly  confined."1 

Not  municipal  officers. 

77.  School  directors  are  by  no  means   municipal  offi- 
cers.    They  are  not  invested  with  any  of  the  municipal 
powers,  nor  are  they  charged  with  the  performance  of  mu- 
nicipal functions.2 

Election  of  school  directors.    Term  of  office. 

78.  The  school  directors  shall  be  elected  annually  in 
each  district  of  the  state,  in  the  following  manner,  to  wit : 
at    the  same  time  and  place  that  elections   are    held    for 
supervisors  and  constables,  and,  in  wards  in  cities  or  bor- 
oughs, at  the  time  and  place  of  the  borough  or  ward  elec- 
tions, and  in  like  manner,  two  qualified  citizens  shall  be 
elected  school   directors   in  each    district,    whose    term    of 
office  shall  be  three  years ;  but  in  districts  where  directors 
have  not  been  elected,  or  in  new  districts  which   may  be 
established  by  the  erection  of  anew  ward,  borough  or  town- 
ship, six  directors  shall  be  elected  in  such  district,  at  the 
first  election,  two  to  serve  one  year,  two  to  serve  two  years, 
and  two  to  serve  three  years,  and  two  annually   thereafter  ; 
and  in  city  and  borough   districts,  allowed   to   elect  three 
directors,  the  whole  number  for  each  ward  shall  be    chosen 
at  the  first  annual  election  after  the  passage  of  this  act,  one 
to  serve  for  one  year,  one  to  serve  for  two  years,   one  to 
serve  for  three  years,  and  one  annually  thereafter.3 

Petition.     Increase  of  number  of  directors. 

79.  Provided,  however,  That  upon  the  petition  of  the 
councils  of  any  city  subject  to  the  provisions  of  this  act, 
the  court  of  common  pleas  of  the  county  in  which  said  city 


1.  Hamilton  vs.  Kill,  8  Luzerne  Legal  Register  108. 

2.  Chalfant  vs.  Edwards,  173  Pa.  246,  1896. 

3.  Act  May  4,  1905,  P.  I*  388. 


30  COMMON   SCHOOL   LAW 

is    located  may,  after  a  hearing  duly  had,  enter  a  decree 
increasing  the  members  of  school  directors  in  said  city,  so 
that  there  shall  be  three  directors  in  each  ward  of  said  city.4 
Vacancies.     Term. 

80.  Any  vacancies  in  the  board  of  directors,  caused 
thereby,  shall  be  filled  by  the  citizens  of  said  wards,  re- 
spectively, at  the  ensuing  election  held  for  the  purpose  of 
electing  ward  officers  ;  and  the  said  court  shall  also,  at  the 
same  time,  decree  that  at  said  election  one-third  of  said 
school  directors  shall  be  elected  to  serve  for  one  year,  one- 
third  for  two  years,  and  the  remaining  third  to  serve  for 
three  years,  and  that  annually  thereafter  each  school  direc- 
tor shall  be  elected  to  serve  for  three  years ;  and  the  said  court 
shall  also  indicate  the  wards  which  shall  elect  for  the  shorter 
and  longer  terms ;  and  in  case  after  the  entering  of  said  decree, 
and  before  said  election,  there  shall  from  this  or  any  other 
cause  be  no  one  capable  of  exercising  the  said  office  of  school 
director  in  the  said  school  district,  or  vacancies  shall  be  caused 
in  the  board  by  reason  of  the  aforesaid  increase,  the  said  court 
of  common  pleas  shall,  upon  petition  of  any  one  in  interest, 
appoint  suitable  persons  to  act  in  the  interim.5 
Election  of  school  directors  in  boroughs  not  divided  into  wards. 

81.  The  number  of  members  of  any  school  board  of  bor- 
oughs not  divided  into  wards  shall  be  six.6 
Election  of  school  directors  in  boroughs  not  divided  into  wards. 

82.  It  shall  be  lawful  for  the  qualified  voters  of  the 
boroughs  of  this  Commonwealth  which  are  not  divided  into 
wards,  and  boroughs  not  now  enjoying  this  right  by  spe- 
cial statutes,  at  the  first  election  for  borough  officers  next 
ensuing  the  passage  of  this  act,  to  elect  two  school  direc- 
tors to  serve  for  one  year,  two  to  serve  for  two  years,  and 
two  to  serve  for  three  years  ;  and  annually  thereafter  to 
elect,  for  a  term  of  three  years'  duration,  as  many  school 
directors  as  may  be  necessary  to  fill  the  places  of  those 
whose  terms  of  office  are  about  to  expire.7 


4.  Act  May  4,  1905,  P.  L.  388. 

5.  Act  May  4,  1905,?.  L,.  388. 

6.  Act  April  23,  1903,  Sec.  i,  P.  I,.  271. 

7.  Act  April  23,  1903  Section  2,  P.  L.  271. 


ELECTION  OF  DIRECTORS;  FILLING  OF  VACANCIES    31 

Designation  on  ballot. 

83.  At  the   first   election    for   borough    officers  next 
ensuing  the  passage  of  this    act,  the  qualified   voters  shall 
designate  on  their  ballots  for  what  length  of  time  the  per- 
sons thereon  named  shall  serve,  whether    for   one,  two    or 
three  years.8 

Vacancies. 

84.  The   members  of  any  board   of  school  directors 
shall  have  power  to  fill  any   vacancy   which   may  occur 
therein  by   death,  resignation,  removal   from    the  borough 
or  otherwise,    until  the  next  annual   election    for  school 
directors,  when  such  vacancy  shall  be  filled   by  electing  a 
qualified  citizen  to  supply  the  same  for  the  balance  of  the 
unexpired  term ;  Provided,  That  the  qualified  voters  shall 
designate    on    their    ballots    that    the    person    or    persons 
thereon  named  are  voted  for  to  fill  an  unexpired -term.9 
Directors  elected  under  former  laws. 

85.  The  school  directors  now  in  office,  under  existing 
laws,  shall  act  conjointly  with  those  who  are  to  be  elected 
under    the    provisions    hereof    at    the    first    election    for 
borough  officers  next  ensuing  after  the  passage  of  this  act, 
and  act  until  the  expiration   of  the  term   of  said  school 
directors  now  in  office;  but  after  their  places  have  become 
vacant,  either   by   the  lapse    of  time   or  otherwise,  their 
places  shall  not  again  be  filled,  and  the  office  shall    hence- 
forth be  at  an  end.10 

Appointment  by  the  court. 

86.  After  the  passage  of  this  act,  it  shall  be  the  duty 
of  the  judges    of  the  courts  of  quarter   sessions   of  the 
several  counties  to  fill   the  offices  created   by  this  act,  by 
the  appointment  of  proper  persons  residing  in    the    said 
boroughs,  and  the   persons  so  appointed   shall  hold  office 
until  their  successors  are  chosen  at  the   next  election  of 
borough  officers.11 


8.  Act  April  23,  1903,  Sec.  3,  P.  L.  271. 

9.  Act  April  23,  1903,  Sec.  4,  P.  L.  272. 

10.  Act  April  23,  1903,  Sec.  5,  P.  L.  272. 

11.  Act  April  23,  1903,  Sec.  6,  P.  L>  272. 


32  COMMON   SCHOOL    LAW 

Borough  school  directors. 

Application  of  Act  April  23,  1903,  P.  L,.  271. 

Deputy  Attoniey  General  Fleitz  said,  inter  alia : 

87.  "The  language  of  this  act,  while  somewhat  am- 
biguous, is  not  capable  of  more  than  one  construction,  par- 
ticularly when  viewed  in  the  light  of  the  prior  legislation 
upon  the  same  subject.  It  is  entitled  ;  An  Act  to  designate 
the  number  of  school  directors  to  be  elected  in  the  several 
boroughs  of  the  commonwealth  not  divided  into  wards,  to 
provide  for  their  election,  and  for  the  filling  of  vacancies, 
and  to  fix  the  length  of  term  for  which  they  shall  serve.' 

"The  act  further  provides  that  at  the  first  election 
held  under  its  terms  in  the  boroughs  to  which  it  applies  six 
school  directors  shall  be  elected  by  the  voters  who  shall 
designate  on  their  ballots  for  which  length  of  time  the  per- 
sons named  shall  serve,  whether  for  one,  two  or  three  years. 
In  a  subsequent  section  it  provides  that  '  the  school  direct- 
ors now  in  office,  under  existing  laws,  shall  act  conjointly 
with  those  who  are  to  be  elected  under  the  provisions  here- 
of until  the  expiration  of  the  terms  of  the  former. 

"This  act  is  manifestly  an  effort  to  bring  within  the 
terms  of  the  general  law  some  borough  or  boroughs  not  be- 
fore entitled  to  elect  six  directors,  and  has  no  application 
whatever  to  any  borough  not  divided  into  wards,  which  at 
the  time  of  the  passage  of  the  act  was  entitled  to  have  that 
number  of  directors.  The  language  of  section  2,  'Not  now 
enjoying  this  right  by  special  statute,'  refers  plainly  to  the 
right  of  electing  six  directors,  but  its  ambiguous  character 
seems  to  have  been  misunderstood  in  some  sections  of  the 
commonwealth,  and  several  boroughs  which  do  not  come 
within  its  terms  proceeded  to  elect  six  directors  at  the  last 
municipal  election  and  now  have  more  than  their  legal 
quota  of  those  officials. 

"After  a  careful  investigation  of  the  laws  which 
were  in  force  prior  to  the  enactment  of  this  statute,  as  well 
as  of  the  causes  which  led  to  its  adoption,  I  am  of  the 
opinion,  and  instruct  you,  that  no  borough  entitled  to  elect 
six  directors,  and  enjoying  that  privilege  at  the  time  of  the 
passage  of  this  act,  comes  within  its  provisions,  and  any 


ELECTION  OF  DIRECTORS;  FILLING  OF  VACANCIES    33 

election  held  in  any  such  borough  in  accordance  with  the 

terms  of  this  statute  is  invalid,  and  of  the  six  directors  so 

elected  only  the  two  whose  terms  were  designated  as  for  three 

years  are  entitled  to  sit  on  the  board  or  to  take  a  part  in  its 

proceedings."12 

Election  of  directors  in  independent  districts. 

88.  When  an  independent  school  district  shall  be  estab- 
lished, the  proper  court  shall,  in  the  decree  therefor,  desig- 
nate the  time  and  place  for  holding  the  annual  elections  of 
directors  therein,  and  appoint  two  persons  to  hold  the  first 
election,  at  a  time  appointed  therefor,  who  shall  give  ten 
days'  notice  thereof,  by  printed  or  written  handbills,  put  up 
at  not  less  than  six  public  places  within  said  district;  at 
which  first  election,  six  directors  shall  be  chosen,  two  for 
three  years,  two  for  two  years,  and  two  for  one  year,  then 
next  ensuing ;  and  thereafter  two  directors  shall  be  chosen 
for  three  years,  at  the  annual  election  to  be  called  and  held 
by  the  president  and  secretary  of  the  board,  at  the  time  and 
place,  and  in  the  manner,  in  said  decree  therefor  appointed, 
said  election,  in  all  other  respects,  to  be  conducted  in  con- 
formity with  the  existing  school  law.  And  in  independent  dis- 
tricts, established,  or  hereafter  to  be  established,  by  the  legis- 
lature, without  specifying  the  mode,  time  or  place,  of  elect- 
ing directors,  the  first  election  shall  be  held  at  such  time 
and  place,  within  the  proper  district,  as  shall  be  specified  by 
written  or  printed  notices  thereof,  put  up  at  not  less  than 
ten  public  places  therein,  signed  by  not  less  than  five  tax- 
able citizens  thereof,  and  giving  ten  full  days'  notice    of 
such  election,  and  subsequent  elections  shall   be  held  at 
such  time  and  place,  annually,  as  shall    be  designated  by 
similar  notices,  signed  by  the   president  and    secretary  of 
the  proper  board  ;  said  elections,  in  all  other  respects,  to  be 
held  and  conducted   in  the    manner  in  this  section  before 
provided.13 

Election  of  directors  for  different  terms.    Use  of  "  stickers." 

89.  Where  officers  for  the  same  office  are  to  be  chosen 
for  different  terms,  the  ballots  must  specify  the  terms    for 


12.  Borough  School  Directors,  29  Pa.  C.  C.  468,  1904. 

13.  Act  April  u,  1862,  Sec.  9,  P.  L.  473. 


34  COMMON    SCHOOL    LAW 

each  person  for  whom  they  are  cast.  In  an  election  in 
which  four  school  directors  were  to  be  elected  in  a  ward, 
two  for  the  term  of  three  years,  one  for  two  years  and  one 
for  one  year,  the  "stickers"  on  certain  tickets  did 
not  specify  the  term  for  which  the  candidate  was  voted  for, 
nor  did  they  by  their  position  on  the  ticket  designate  the 
same.  Held,  they  could  not  be  counted.  The  use  of 
"  stickers  "  is  permitted  and  election  officers  have  no  au- 
thority to  remove  them.'4 
Returns  of  election,  how  made. 

90.  The  duplicate  returns  of  all  elections  for  directors 
shall  be  made  out,  signed  and  sealed  by  the  judges,  and  de- 
livered by  the  constable  or  proper  officer  of  said  election, 
one  to  the  board  of  directors,  and  the  other  to  the  court  of 
quarter  sessions  of  the  county,  within  ten  days  thereafter  : 
and  each  person  elected  a  director  shall  be  notified  thereof 
in  writing,  within  five  days  after  the  election,  by    the  con- 
stable or  proper  officer,  who  held  the  election.'5 
Contested  elections,  how  decided. 

91.  If  the  legality  of  any  election  for  directors  is  con- 
tested, it  is  necessary  to  proceed  under  act  of  May  19,  1874, 
P.  L.  208,  which  was  held  to  repeal   by  necessary  implica- 
tion the  act  of  May  8,  1854,  Sec.  6,  P.  L.  6i8.'6 

Filling  vacancies  at  any  election. 

92.  If  vacancies  are  to  be  filled,  at  any  election  of  di- 
rectors, in  addition  to  the  persons  to  be  elected  for  the  reg- 
ular term,  and  the  voters  shall  all   neglect  to  designate  011 
their  tickets,  the  term  of  office  for  which  each  person  voted 
for  is  a  candidate,  then  the  person  or    persons    having  the 
highest   number  of  votes,  shall  be  declared  elected  for  the 
longest  term  or  terms;  the  next  highest  in   vote,  after  the 
filling  of  the  longest  term,  shall  be  declared  elected  for  the 
next  longest  term,  and  so   on,   until  all  the  terms  vacant 
shall  be  filled. '7 


14.  In  re  Contested  Election  of  Gilleland,  96  Pa.  224,  1880. 

15.  Act  May  8,  1854,  Sec.  6,  P.  L.  618. 

16.  Overtoil  School  District,  7  D.  R.  611,  1,^98. 

17.  Act  April  11,1862,  Sec.  2,  P.  L.  471. 


ELECTION   OF   DIRECTORS;   FILLING   OF   VACANCIES     35 

Purpose  of  the  act. 

93.  This  act  provided  only  for  cases  in  which  the  vot- 
ers shall  all  neglect  to  designate  on  their  tickets  the  term 
of  office  for  which  each  person  voted  for  is  a  candidate.18 
When  school  board  fills  vacancy. 

94.  Each  board  of  directors  shall    have  power    to  fill 
any  vacancy  which  may  occur  therein  by  death,  resignation 
removal  from    the    district  or  otherwise,    until    the  next 
annual    election  for  directors,  when  such  vacancy  shall  be 
filled  by  electing  a  person  from  the  district    in  which  the 
vacancy  occurs  to  supply  the  same.  '9 

Meaning  of  the  word  «« otherwise." 

95.  Failure  by  the  voters  to  fill  a  vacancy,  at  the  regu- 
lar  annual    election,  will  authorize    the  board  to  fill  it  by 
virtue  of  the  word  "  otherwise."     This    means    that    if  a 
member  died  or  resigned,  the  board  appointed  another    in 
his  place,  and  if  at  the  next  election  the  people  failed  to 
elect  any  one  to  fill  this  vacancy,  the  board  may  again  treat 
it  as  a  vacancy  and  appoint  a  person  to  fill  it  till  the  next 
succeeding  annual  election.20 

Filling  of  vacancies  by  the  board. 

96.  It  does  not  require  a  quorum  (four)  to  fill  a  va- 
cancy  caused  by  ''  death,  resignation  or  otherwise."     Any 
number  to  which  the  board  may  be  reduced,  b)'  any  one  or 
all  of  these  causes,  can    perform  this    indispensable  duty. 
But  to  do  it  satisfactorily,  all  the  actual    members  should 
be  present,  or  have  had    notice  to  be  present,  for. the  pur- 
pose.    And    if  only  one  member  remain  in  office,  he  can 
legally  take  means  to  fill  the  board.     In  that  case  he  should 
appoint  one  new  member  ;  he  and  that  new  member  should 
then  appoint  a  third,  and  so  on,  till  the  board  is  full.     And 
the  whole  of  these  proceedings  should  be  put  on  the  min- 
utes.    The  law  authorizing  "  less  than  a  majority  of  direc- 
tors "  to  fill  vacancies  in  a  school  board,  only  applies  when 


18.  Chamberlain  vs.  Hartley,  152,  Pa.  544,  1893. 

19.  Act  May  8,  1854,  Sec   7,  P.  L.  618. 

20.  School  Laws  and  Decisions,  page  46,  1903. 


36  COMMON   SCHOOL   LAW 

the  number  has  been  reduced  below  a  majority,  from  causes 
mentioned  in  either  the  seventh  or  eighth  sections  of  the 
act  of  May  8,  1854,  P.  L.  6i8.21 

Expiration  of  term  of  appointment. 

97.  An  appointment  made  by  a  board  of  school  di- 
rectors to  fill  an  existing  vacancy  therein,  qualifies  the  per- 
son so  appointed  to  hold  the  office  until  the  first  Monday 
in  June  following  the  first  annual  election  next  ensuing 
such  an  appointment,  at  which  time  the  person  elected  at 
the  preceding  annual  February  election  will  be  qualified 
to  fill  the  office  for  the  remaining  part  of  the  unexpired 
term. 

For  example : — If  a  vacancy  occurs  in  January, 
1903,  and  the  board  then  appoints  a  person  to  fill  the  va- 
cancy, the  person  appointed  will  hold  the  office  until  June, 
1903,  at  which  time  the  person  elected  in  February  of  that 
year,  will  be  admitted  to  membership  in  the  board  on  his 
ceitificate  of  election  for  the  unexpired  term  for  one  year, 
or  for  two  years,  as  the  case  may  be. 

If  a  vacancy  occurred  in  March,  1903,  and  the 
board  appointed  at  once  a  person  to  fill  the  vacancy,  he 
would  be  qualified  to  hold  the  office  until  the  first  Monday 
in  June,  1904,  inasmuch  as'  no  annual  election  intervened 
until  February,  1904,  unless  the  term  expires  before  that 
date. 

Written  resignation. 

98.  When  a  director  resigns  his  office  without  being 
present  in  the  board,  the  resignation  should  be  written, 
addressed  to  the  president  or,  if  it  be  the  resignation  of  the 
president  himself,  to  the  secretary.  When  a  resignation 
takes  place  by  a  member  present,  it  may  be  entered  on  the 
minutes,  accepted  by  the  board,  and  the  acceptance  also 
entered  on  the  minutes.22 


21.  School  Laws  and  Decisions,  page  43,  1903. 

22.  School  Laws  and  Decisions,  page  43,  1903. 


ELECTION   OF   DIRECTORS;   FILLING   OF  VACANCIES     37 

Decreasing  the  number  of  school  directors  to  two. 

99.  The  several  courts  of  quarter  sessions  of  the  peace 
shall  have  power  and  authority,  on  the  petition  of  twenty 
or  more  citizens  of  any  borough  in  which,  by  virtue  of  any 
act   of  Assembly,  or   decree  of  court,  there  are  now  three 
members  of  the  school  board  to  be   elected  in   each  ward 
after  due  notice  to  such  school  board,  to  decrease  the  num- 
ber of  school  directors,  to  be  elected  in  each  of  said  wards, 
to  two."3 

Election  after  such  decrease. 

100.  And  from  and  after  the  making  of  such  decree 
there  shall  be  no  election  in  any  ward  of  said  borough   for 
any  person  to  serve  as  school  director,  until  the  number  in 
each  ward  shall  have  been  reduced  to  two  by  the  expiration 
of  the  term  of  office  of  those  in  office  at  the  time  of  making 
such  decree ;    and  thereafter    upon  the    expiration  of  the 
term  of  office  of  each  school  director,  there  shall  be  elected 
in  each  of  such  wards  one  school  director  to  serve  for  the 
the  term  of  three  years.24 

How  to  decide  tie  vote. 

101.  When  two  or  more  candidates  shall  have  an  equal 
number  of  votes  for  the  same  term  of  office,  at  any  election 
of  directors  or  controllers,  whereby  their  election  shall  be 
presented,  the  said  candidate  shall  appear  at  the  next  regu- 
lar meeting  of  the  board  of  directors  or  controllers,  which 
said  board  shall  determine  their  rights  to  seats  therein,  in 
the  following  manner :     Ballots  shall  be  prepared,  equal  in 
number  to  the  opposing  candidates,  on  or.e-half  of  which 
the  word  "  director  "  shall  be  written,  whereupon  the  said 
candidates   shall   each    draw,    from    a    proper    receptacle, 
one  of  said  ballots,  and  the  candidate  or  candidates  drawing 
the  ballot  or  ballots  marked  "director,"  shall  be  held  and 
deemed  duly  elected  to  the  said  office  of  director  or  control- 
ler.2* 


23.  Act  July  9,  1897,  Sec,  i,  P.  L.  216, 

24.  Act  July  9,  1897,  Sec.  i,  P.  L.  216. 

25.  Act  April  n,  iS62,Sec.  2,  P.  L.  471. 


38  COMMON   SCHOOL   LAW 

Duty  of  school  board  to  act  and  determine  a  director's  right  to  a 
seat  when  there  is  a  tie  vote. 

Mr.  Justice  McCollum  said  : 

102.  "At  the  spring  election  in  Turtle  Creek  Borough 
in  1894,  the  relator  and  John  T.  C.  Bowman  were  opposing 
candidates  for  the  office  of  school  director,  and  each  received 
seventy-nine  votes.  As  they  had  an  equal  number  of  votes 
for  the  same  term  of  office,  it  became  their  duty,  in  com- 
pliance with  section  two  of  the  Act  of  April  u,  1862,?.  L. 
471,  to  appear  at  the  next  regular  meeting  of  the  board  of 
school  directors  to  have  their  rights  to  seats  therein  deter- 
mined, and  the  duty  of  the  board  to  proceed  in  conformity 
with  the  act  to  decide  which  of  them  should  hold  the 
office.  The  parties  appeared  as  by  the  statute  they  were 
required  to  do,  but  Bowman  refused  to  participate  in  the 
drawing  prescribed  by  it  and  the  board  adjourned  without 
taking  any  action  in  the  premises.  The  relator  again  ap- 
peared before  the  board,  at  its  reorganization  in  June,  for 
the  purpose  of  having  his  right  to  a  seat  in  it  determined, 
but  the  board  declined  to  act,  on  the  ground  that  the  duty 
of  deciding  the  issue  raised  by  the  tie  vote  rested  exclusive- 
ly upon  the  board  as  constituted  at  the  next  regular  meet- 
ing of  it  after  the  election.  The  failure  of  the  board  as 
constituted  at  that  time  to  determine  the  rights  of  the 
parties  before  the  reorganization  of  it  was  regarded  by  the 
reorganized  board  as  destructive  of  the  relator's  right  under 
the  statute,  and  as  having  created  a  vacancy  in  the  office. 
It  therefore  declared  that  a  vacancy  existed  and  appointed 
the  respondent  to  fill  it.  His  title  to  the  office  thus  ac- 
quired is  attacked  in  this  proceeding  on  the  ground  that 
the  board  had  no  legal  warrant  for  appointing  him  to  it. 
The  learned  court  below  sustained  the  relator's  contention 
and  entered  a  judgment  of  ouster  against  the  respondent, 
from  which  he  appealed. 

"It  is  conceded  by  the  learned  counsel  for  the  appel- 
lant that  the  relator's  right  to  have  the  case  decided  under 
the  act  of  1862  was  absolute  and  could  not  be  taken  from 
him  or  in  anywise  impaired  by  any  act  of  the  opposing 
candidate,  but  he  insists  that  this  right  was  lost  by  the 


ELECTION  OF  DIRECTORS;  FILLING  OF  VACANCIES    39 

inaction  of  the  board  prior  to  its  reorganization  in  June. 
In  other  words  it  is  claimed  in  support  of  the  appeal  that 
the  postponement  by  the  board  of  the  performance  of  its 
duty  under  the  act,  deprived  it  of  jurisdiction,  extinguished 
the  relator's  statutory  right  and  created  a  vacancy  in  the  of- 
fice, to  be  filled  by  it  under  section  7  of  the  act  of  May  8, 
1854.  The  consequences  of  an  allowance  of  this  claim  are 
well  calculated  to  raise  a  doubt  respecting  the  soundness  of 
it.  In  the  first  place  the  proposition  that  the  effect  of  the 
neglect  or  refusal  of  the  board  to  discharge  its  plain  duty 
when  the  parties  appeared  before  it,  was  to  deprive  them  of 
their  statutory  rights  and  it  of  the  power  to  perform  that 
duty  at  a  subsequent  meeting,  is  not  tenable.  There  is 
nothing  in  the  statute  which  in  terms  or  by  necessary  im- 
plication attaches  such  consequences  to  the  non-perform- 
ance of  the  duty  it  imposes.  The  provision  in  relation  to 
the  time  of  appearance  by  the  parties  was  complied  with  by 
them,  and  while  it  may  be  inferred  from  this  provision  that 
it  was  the  duty  of  the  board  to  determine  their  rights  at  that 
time,  there  is  no  legislative  mandate  to  this  effect,  nor  pen- 
alty prescribed  for  a  failure  to  do  so.  Having  regard  to 
the  subject-matter,  object  and  language  of  the  act  of  1862, 
we  are  of  the  opinion  that  the  provision  in  regard  to  time 
is  directory  only  and  that  the  board  could  have  lawfully  de- 
termined the  rights  of  the  parties  thereunder  at  any  lawful 
meeting  held  at  or  before  the  beginning  of  the  school  year 
when  the  term  of  office  for  which  they  were  candidates  com- 
menced. The  law  puts  the  duty  of  determining  their 
rights  under  it  upon  the  board  of  school  directors  of  the 
pro  per  district.  The  board  is  composed  of  six  persons,  two  of 
whom  retire  from  it  at  the  end  of  each  school  year  and  their 
places  are  taken  by  persons  chosen  for  them  at  the  preced- 
ing election.  The  change  thus  effected  in  the  membership  of 
the  board  has  no  effect  upon  its  powers  and  duties  under 
the  act  of  1862.  It  follows  from  these  views  that  it  was 
the  duty  of  the'reorganized  board  to  comply  with  the  relat- 
or's request  and  determine  his  rights  to  a  seat  therein,  and 
that  neither  its  refusal,  the  neglect  of  the  board  before  the 
change  of  membership  in  it,  nor  the  act  of  May  8,  1854, 


40  COMMON   SCHOOL   LAW 

authorized  the  appointment  to  which  this  litigation  relates. 
We  conclude,  therefore,  that  the  learned  court  below  did 
not  err  in  entering  the  judgment  complained  of."26 

Women  eligible  to  office  of  school  director. 

103.  Women,  twenty-one   years  of  age  and  upwards, 
shall  be  eligible  to  any  office  of  control  or  management 
under  the  school  laws  of  this  state.27 

Legal  residences. 

104.  Wherever  by  the  requirements  of  any  law,  a  par- 
ticular residence  is  a  necessary  qualification  for  the  election 
or  appointment  of  any  officer,  removal  from  such  residence 
shall  operate  as  a  forfeit  of  the  office.28 

Vacancies  without  resignation. 

105.  Every  member  ceasing  to  be  a  resident  of  the  dis- 
trict for  which  he  was  a  director,  thereby  vacates  his  office 
without  resignation,  from  the  day  when  he  ceases  being  a 
resident,  and  the  fact  being  known  and  entered  on  the  min- 
utes, another  is  to   be  appointed   in  his  place.     The  same 
principle  applies  to  changes  of  residence    from  one  ward 
to  another,  in  cities   and  boroughs,  except  in  cases  where 
the  election  is  by  a  concurrent  vote.29 

Adopting  city  charter. 

106.  It  is  held  that  school  directors  of  a  borough  do 
not  lose  their  offices  upon  the  adoption  of  a  city  charter.30 

Title  of  school  director. 

107.  Where  the   right  to  an  office  is  in  question,  the 
controversy  must  be   settled  by   a  quo  warranto  and    not 
by  mandamus.31 


26.  Commonwealth  vs.  Meanor,  167,  Pa.  292,  1895. 

27.  Sec.  3  of  Article  X  of  the  Constitution  of  Pennsylvania. 

28.  Act  May  15,  1874,  Sec.  12,  P.  L.  187. 

29.  School  Laws  and  Decisions,  page  49,  1903. 

30.  Knew  vs.  Krause,  3  Pa.  C.  C.  563,  1887. 

31.  Carlisle  School  District  vs.  Humrich,  18  Pa.  C.  C.  322,  1893. 


ELECTION   OF  DIRECTORS;   FILLING  OF  VACANCIES     41 

\ 
Directors  exempt  from  serving  in  certain  offices. 

108.  All  directors  shall  be  exempted  from  serving  in 
any  township,  city  or  borough  office,  and  from  the  perform- 
ance of  any  militia  duty.32     The  exempting  from  township, 
city  or  borough  office,  does  not  prohibit  the  holding  of  these 
offices,  except  that  of  auditor  and  tax  collector,  but  merely 

confers  the  right  to  be  excused,  if  the  director  desires  it.33 

i 

Incompatibility  of  officers. 

109.  The  office  of  school  director  is  incompatible  with 
that   of  collector   of  school    taxes,  (relating  to    Schuylkill 
county,  see  special  act  of  February  iyth,  1859,  P.  L,.  p.  51) 
constable,34  paymaster,    commissioner  of  roads,   township 
or  borough  auditor  and  county  commissioners.35 

School  director  can  act  as  judge. 

no.  A  candidate  for  school  director  can  act  as  judge 
of  the  election  at  which  he  is  being  voted  for.36 


32.  Act  May  8,  1854,  Sec.  10,  P.  L.  619. 

33.  School  Laws  and  Decisions,  page  47,  1903. 

34.  Act  May  8,  1876,  Sec.  I,  P.  L.  179. 

35.  Act  May  15,  1874,  Sec.  7,  P.  L.  187. 

36.  Commonwealth  vs.  Whitlock,  12  D.  R.  791,  1903. 


CHAPTER  V. 

ORGANIZATION   OF    BOARDS   OF    DIRECTORS   AND   CONTROL- 
LERS.     OFFICERS   AND   DUTIES. 

PACK 

116.  When  board  shall  organize 43 

117.  Factional  organization 43 

118.  Oath  of  office 45 

119.  Officers  of  the  board 45 

120.  Business  at  meeting  of  organization 46 

121.  Election  of  secretary 46 

122.  How  to  determine  the  rights  of  rival  candidates 46 

123.  Certificate  of  election 47 

124.  Commencement  of  term 47 

125.  When  term  expires 47 

1,26.  Duties  of  officers.     The  president 48 

127.  Deeds  and  contracts 48 

128.  Orders 48 

129.  President  cannot  employ  teachers 48 

130.  President  cannot  employ  attorney 48 

131.  President's  duties  at  close  of  school  year 49 

132.  President's  liability 50 

133.  The  secretary.     Duties.     Compensation 50 

134.  Names  and  addresses 50 

I35-  Countersign 50 

136.  Monthly  reports 51 

137.  Knd  of  the  term 51 

138.  Last  adjusted  valuation 51 

139.  Duplicate 51 

140.  "  Pennsylvania  School  Journal  " 51 

141.  Deeds,  contracts,  etc 51 

142.  Required  to  sign  orders 51 

143.  May  receive  a  salary. 52 

144.  No  extra  compensation 52 

145.  Treasurer  cannot  be  secretary 52 

146.  Duty  of  secretary  after  annual  appointment  of  teachers 52 

147.  The  treasurer.     Bond.     Powers  and  duties 52 

148.  When  to  enter  office 53 

149.  Payment  of  orders 53 

150.  Teachers' rights 53 

151.  Violation  of  duty  of  treasurer  to  purchase  school  orders 53 

152.  Orders  on  the  treasurer 53 

153.  Executions.     Manner  of  payment 53 

154.  Reappointment  of  treasurer 54 

155.  Settlement 54 

156.  Settlement  by  the  auditors 54 

157.  Treasurers'  accounts  in  independent  districts 54 

158.  Percentage 54 

159.  Liability  of  treasurer  for  failure  to  pay  money  to  successor 54 

160.  Embezzlement 54 


ORGANIZATION    OF    BOARDS   OF    DIRECTORS  43 

PAGE 

161.  Annual  settlement  of  treasurer 55 

162.  When  settlement  is  conclusive 55 

163.  Erroneous  surcharge  of  treasurer.     Remedy 55 

164.  Bank , 55 

165.  Unlawful  payment.     When  treasurer  liable 55 

166.  No  discretionary  power  of  treasurer 55 

167.  Penalty  for  failure  of  treasurer  to  pay  over  funds 56 

168.  Power  to  remove  treasurer 56 

When  board  shall  organize. 

116.  The  organization  of  each  board  of  school  direc- 
tors shall  be  had  on  the  first  Monday  of  June  or  within  ten 
days  thereafter  in  each  year.1 

Factional  organization. 

117.  In  this  case  all  the  directors  were  legally  elected 
but  the  board  was  divided  into  two  warring  factions  in  sec- 
tions of  three  each.     Each  faction  met  within  the  time  pre- 
scribed by  law  and  declared  the    seats  of  the  other  three 
members  vacant,  on  the  ground  that  after  due  notice  they 
had   neglected    to    attend  regular    meetings  of  the  board. 
Each  board  filled  the  vacancies  and  then  proceeded  to  or- 
ganize and  assumed  authority  in  all  matters  relating  to  the 
schools. 

On  petition  of  more  than  six  taxable  inhabitants  01 
the  district,  the  court  of  quarter  sessions  found  that  the 
boards  had  not  been  lawfully  organized,  removed  both  sets 
of  directors  and  appointed  entirely  new  men  in  their  places. 

On  appeal  to  the  Supreme  Court,  Mr.  Justice  Dean 
said,  in  part : — u  The  testimony  convinced  the  learned  judge 
of  the  court  below,  that  these  parties,  instead  of  honestly 
attempting  organization,  each  set  of  three  was  trying  to 
usurp  all  the  power  and  exclude  the  other  three  from  any 
share  of  control.  Each  had  a  previous  knowledge  of  the 
meetings  held  by  the  other  ;  at  any  one  of  these  the  whole 
six  could  have  met  and  organized,  had  that  been  the  pur- 
pose ;  and  if  they  had  done  so,  no  question  could  have 
been  raised  as  to  the  fact  of  legality  of  the  organization. 
But  they  purposely  refrained  from  meeting  together  for 
such  organization,  because  that  would  have  included  in  the 
local  board  the  obnoxious  members.  There  are  many  pro- 

i.     Act  April  22,  1863.  Sec.  i,  P.  I,.  523. 


44  COMMON    SCHOOL    LAW 

visions  in  our  statutes  for  such  contingencies.  The  act  of 
March  i6th,  1860,  Sec.  2,  provides  that,  any  township  of- 
fice failing  to  give  the  security  required  by  the  first  section 
of  the  act  within  one  month  after  his  election,  his  office 
shall  be  declared  vacant.  Justices  of  the  peace  elect  must 
file  acceptance  of  office  to  which  they  are  elected  within  a 
fixed  time,  or  there  is  a  vacancy.  In  all  such  cases,  the 
non-performance  of  the  preliminary  duty  enjoined  is  a  fact 
determinable  by  proof  as  in  other  cases,  just  as  the  fact 
of  death  or  resignation  creates  the  vacancy  to  be  filled  by 
appointment.  The  same  power  given  to  the  board  by 
section  8  of  act  of  1854,  to  declare  the  seat  of  a  member 
vacant  for  nonattendance  at  a  regular  meeting  of  the  board, 
or  to  declare  the  seat  of  one  who  has  assumed  the  duties  of 
the  office  vacant  on  failure  to  attend  two  regular  meetings, 
has  been  given  the  court  in  case  of  failure  of  the  whole 
board  to  organize.  Nor  does  section  4.  article  VI,  of  the 
new  constitution  repeal  section  9  of  the  Act  of  1854. 
The  constitution  provides  that:  "All  officers  shall  hold 
their  offices  on  the  condition  that  they  behave  themselves 
well  while  in  office,  and  shall  be  removed  on  conviction  of 
misbehavior  in  office,  or  of  any  infamous  crime." 

While  the  court,  in  the  decree,  uses  the  words  "are 
hereby  removed  from  office,"  the  finding  on  which  the 
decree  was  based  is  distinctly  that  the  board  had  not  been 
organized  ;  in  other  words,  a  vacancy  existed,  it  was  so 
declared,  and  then  filled  by  appointment.  They  held  no 
office  in  the  board  directed  to  be  organized  on  the  first 
Monday  of  June,  1893,  because  they  wilfully  refused  to 
organize  that  board  within  the  plain  meaning  of  the  law. 
Hence  there  was  a  vacancy,  just  as  in  the  case  of  the  super- 
visor who  refuses  to  file  his  bond,  or  of  the  justice  of  the 
peace  who  refuses  to  file  his  acceptance  of  the  office.  They 
were  not  removed  from  office  in  the  school  board ;  by 
their  wilful  disregard  of  the  law  they  never  had  office  in  it. 
The  constitution  has  no  application  to  such  a  case.  In 
the  case  of  neither  board  was  there  any  such  organization 
as  the  law  contemplates.  To  hold  otherwise  would  lead 
to  results  in  many  cases  wholly  subversive  of  good  order 


ORGANIZATION    OF    BOARDS    OF    DIRECTORS  45 

and  stability  in  the  control  and  management  of  the  com- 
mon schools.  Four  members  of  the  board  are  necessary  to 
the  transaction  of  all  business,  except  that  of  filling 
vacancies.  If,  as  is  not  doubted,  less  than  four  can 
declare  and  fill  vacancies,  how  many  independent  boards, 
under  such  mere  pretence  as  the  evidence  here  shows,  may 
be  organized  in  a  district?  In  this  case  there  were  but  two  ; 
but  the  fractions  of  faction  are  not  necessarily  limited  to 
halves  ;  they  may  be  thirds  or  even  less,  all  claiming  to  be 
regularly  constituted,  and  each  attempting  to  control  the 
school  interests  of  the  unfortunate  district.  This  is  not 
organization,  but  disorganization,  and  when  the  court  below 
found  as  a  fact  that  neither  board  had  been  legally  organized 
its  decree  was  right.2 
Oath  of  office. 

118.  Directors  must  take  oath  of  office  before  entering 
upon  the  duties  of  such  office  that  he  will  support  the  con- 
stitution of  the  United  States  and  the   Constitution  of  the 
Commonwealth  of  Pennsylvania  and  the  laws  thereof;  that 
he  has  used  no  unlawful  means  to  procure  his  election  to 
said    office,  and  that  he  will  discharge  the  duties  of  said 
office  for  the  district  in  which  elected,  faithfully  and  im- 
partially, and  to  the  best  of  his  understanding  and  ability.3 

The  school  directors  are  authorized  to  qualify  each 
other,  by  oath  or  affirmation,  that  they  will  faithfully  dis- 
charge the  duties  of  said  office.  They  are  authorized  to 
certify  the  same  to  the  proper  authorities. 

It  is  the  duty  of  the  person  chosen  to   act  as  secretary 
to  qualify   the  person   chosen  to  act  as  president,  and  the 
president  in  turn  shall  qualify  all  the  other  members  of  the 
board.4 
Officers  of  board. 

119.  Each  board  of  school  directors  and  each  board  of 
controllers,  in  cities  and  boroughs,  shall  meet  and  organize 
by  choosing  a  president  and  secretary,  who  shall  be   mem- 


2.  Butler  Township'  School  District  Case,  158  Pa.  159,  1893. 

3.  Act  April  16,   1891,  sec.  I,  P.  L.  22. 

4.  Act  June  25,  1895,  P.  L,.  284. 


46  COMMON   SCHOOL   LAW 

bers  of  the  board,  and  a  treasurer,  who  may  be  a  member 
of  the  board  or  otherwise,  at  the  discretion  of  the  directors 
or  controllers.5 
Business  at  meeting  of  organization. 

1 20.  The  first  business  at  the  meeting  for  organiza- 
tion, after  the  temporary  organization,  is  the  reading  of  the 
returns  of  election,  to   ascertain   who  are   members.     2. — 
Directors  elect  can  exercise  none  of  the  powers  pertaining 
to    their  office  until    after    the    organization    of  the    new 
board,  which  cannot  take  place  until  on  or  after  the   first 
Monday    of  June.       3. — If  a    board    of   directors    fail    to 
organize,  it   is  such    neglect   of  duty    as    will   justify    the 
court  of  quarter  sessions,  upon  the   complaint  of  six  tax- 
able citizens  of  the  district,  and  upon  due  proof  thereof,  to 
declare    their   seats    vacant,  and    appoint    others    in    their 
stead.       4. — If  the    school    directors    neglect    to    organize 
within  ten  days  after  the  first  Monday  of  June,  as  specified 
by    law,    they    may    do    so    at   a    future    time,    and    such 
organization  will  be  strictly  legal,  if  no  final   steps   should 
be  taken   in  the  meantime  to   remove  the  directors   elect 
from    office  by  due  course  of  law.      5. — The  officers  and 
members    of  the  old  board  aie  to    perform    their   several 
duties  until  the  first  Monday  of  June.     The  organization  of 
the  old  board  ceases  with  the  first   Monday  in  June,  but 
steps  should  be  previously  taken    for   calling  a  meeting  of 
the  new  board  in  accordance  with  the  law.6 

Election  of  secretary. 

121.  The  board  of  school  directors  in  every  borough 
and  township  within  this  Commonwealth,  annually,  upon 
their  organization  or  within  twenty  days  thereafter,  shall 
elect  some   suitable  person    as  secretary,  who    may    be   a 
member  of  said  borad,  or  otherwise.7 

How  to  determine  the  rights  of  rival  candidates. 

122.  A  board  of  school  directors    should  be    tempor- 
arily organized  by  the  persons  whose  right  to  office  is  un- 


5.  Act  May  8,  1854,  Sec.  12.  P.  L.  619. 

6.  School  Laws  and  Decisions,  page  55,  1903. 

7.  Act  April  22,  1905,  P.  L.  285, 


ORGANIZATION    OF    BOARDS   OF    DIRECTORS         .     47 

disputed.  After  such  temporary  organization,  the  rights 
of  rival  candidates  may  be  passed  upon  by  the  meeting, 
and  the  one  who  is  shown,  in  the  opinion  of  a  majority  of 
the  meeting,  prima  facia,  entitled  to  the  disputed  office 
should  be  recognized  and  admitted,  having  first  taken  the 
prescribed  oath  of  office.  A  certificate  from  the  clerk  of 
the  court  of  quarter  sessions  in  due  form,  showing  that  he 
had  received  a  majority  of  the  votes  cast  for  the  office  in 
question,  would  support  such  prima  facie  right  thereto.8 

Certificate  of  election. 

123.  It  is  the  duty  of  the  school  board  to  accept  the 
certificate  of  the  election  board,  when  properly  made  out,  as 
to  who  was  elected  to  the  office  of  school  director  ;  but  if  it  is 
shown  by  admissions  that  the  certificate  was  made  out  by 
two  of  the  members  of  the  election  board,  some  days  after 
the  election,  in  the  absence  and  without  the  knowledge  ol 
the  other  members  of  the  board,  it  is  not  conclusive.9 

Commencement  of  term. 

124.  The  term  of  office  of  school  directors  shall  com- 
mence   on  the  first  Monday  of  June ;    Provided,    That  the 
provisions  of  this  act  shall  not  extend  to  the  city  of  Phila- 
delphia, nor   to  the  county  of  Alleghany,  nor  to  the  cities 
of  Reading  and  Lancaster.10 

When  term  expires. 

125.  Judge  Love  said:    "The  school  law  provides,  that 
if  the  board  fail  or  refuse  to  organize,  upon  petition  to  court, 
their  offices  may  be  declared  vacant,  or  they  be  removed 
from  office  and  the  court    appoint  to  fill  such    vacancies. 
*  *  *  There  is  no  provision  of  the  law  providing  that  mem- 
bers  of  the  board   shall   hold   over  until  their  successors 
duly  qualify.     And  the  fact  that  the  law  provides  for  the 
prompt  and  summary  removal  of  school  directors  and  the 
appointment  of  others  by  the  court  shows  the  clear  intent 
of  the  legislature  that  when  the  term  for    which  a  director 


8.  Commonwealth  vs.  Fletcher,  180  Pa.  456,  1897. 

9.  Commonwealth  vs.  Whitelock,  12  D.  R   791,  1903. 

10.  Act  April  22,  1863,  P.  L,.  523. 


48  COMMON   SCHOOL   LAW 

has  been  elected  has  expired,  he  at  once  ceases  to  be  a 
director,  and  is  therefore  without  any  power  or  authority 
to  take  any  action  that  would  bind  the  district."11 

Duties  of  officers.     The  president. 

126.  The  president  shall  preside  at  the  meetings  of 
the  board,  call  special  meetings  when  necessary,  issue  the 
duplicate  and  warrant  for  the  collection  of  the  district  taxes, 
take  sufficient  bond  from  the  district  treasurer  for  the  faith- 
ful discharge  of  his  duty,  and  sign  the  certificate  of  the 
assessment  of  the  district  taxes,  and  all  orders  issued  on  the 
district  treasurer  by  order  of  the  board,  also  the  annual  re- 
port of  the  district  to  the  county  superintendent,  and  gen- 
erally do  and  perform  all  other  acts  and  duties  lawfully  per- 
taining to  the  office  of  president  of  the  board.12 

Deeds  and  contracts. 

127.  All  deeds  and  contracts  by  the  district,  including 
those  with  teachers,  are  to  be  signed  by  the  president. 

The  president  votes  on  every  question  like  every  other 
member.13 

Orders. 

128.  He  has  no  power  to  draw  an  order  on  the  treas- 
urer, unless  directed  by  resolution  of  the  board.14 

President  cannot  employ  teachers. 

129.  If  the  president   engages  a  teacher,  without  au- 
thority, the  contract  is  not  binding  on  the  district  ;  but  if 
the  directors  in  any  way  recognize  the  contract,  the  district 
is  bound  to  pay  the  salary  agreed  upon,  until  he  is  legally 
discharged.15 

President  cannot  employ  attorney. 

130.  The  president  of  a  school  board  has  no  authority 
to  bind  the  board  by  employing  an  attorney  and   authoriz- 


ir.     Stincliff  &  Co.  vs.  Taylor  Township  School   District,  10  D.  R.  697, 
1901. 

12.  Act  May  8,  1854,  Sec.  13,  P.  L.  619. 

13.  School  Laws  and  Decisions,  P.  L.  57,  1903. 

14.  2  Wh.  Dig.  605,  P.L-  17. 

15.  2  Wh.  Dig;  605,  P.  L.  20. 


ORGANIZATION    OF    BOARDS   OF    DIRECTORS  49 

ing  him  to  enter  judgment  in  behalf  of  the  school  district. 
The  employment  must  be  made  by  the  board/6 
President's  duties  at  close  of  school  year. 

131.  As  soon  as  the  schools  of  any  district  shall  have 
closed  for  the  school  year,  commencing  on  the  first  Mon- 
day of  June  preceding,  the  president  of  the  board  of  direc- 
tors or  controllers,  shall  certify,  under  oath  or  affirmation, 
as  to  the  whole  number  of  months  the  schools  in  their  re- 
spective districts  have  been  kept  open  and  in  operation, 
according  to  law  ;  also  that  no  teacher  has  been  employed 
for,  or  had  charge  of  any  of  the  schools  of  said  district,  dur- 
ing the  year,  who  had  not  a  valid  certificate  from  the  county 
superintendent,  together  with  the  name  and  post  office 
address  of  the  district  treasurer,  and  shall  forward  the  same 
to  the  county  superintendent,  who  shall  immediately  ap- 
prove said  certificate,  if  found  to  be  correct,  and  transmit  it 
to  the  state  superintendent  of  common  schools  ;  if  it  shall 
appear,  by  said  certificate,  that  the  schools  of  the  district 
have  been  kept  open  and  in  operation,  according  to  law,  at 
least  seven  months  subsequent  to  the  first  Monday  in  June 
preceding,  and  that  no  teacher  has  had  charge  of  any  of  the 
schools  of  the  district,  during  the  whole  time  they  have 
been  kept  open  during  the  year,  who  had  not  a  valid  cer- 
tificate from  the  county  superintendent,  shall  draw  his  war- 
rant upon  the  state  treasurer  for  the  whole  amount  which 
such  district  is  entitled  to  receive  from  the  annual  state 
appropriation  :  Provided,  That  the  board  of  directors  or 
controllers,  shall,  at  the  same  time,  forward  to  the  county 
superintendent  a  report  of  the  condition  of  the  schools  in 
their  respective  districts,  as  directed  in  the  twenty-third 
section  of  the  act  of  May  eighth,  one  thousand  eight  hun- 
dred and  fifty-four,  P.  L,.  621,  supra  sec.  :  And  provided, 
further.  That  the  said  certificate  and  report  shall  have  been 
transmitted  to  the  superintendent  of  common  schools,  on, 
or  before,  the  fifteenth  of  July,  of  the  school  year  succeed- 
ing the  one  for  which  the  certificate  and  report  was  made.17 

16.  Commonwealth  vs.  Kerr,  25  Pa.  C.  C.  645,  1902. 

17.  Act  April  17,  1865,  sec.  3,  P.  L.  62,  as  amended  by  act  April  4,  1899, 

P.  L.  31. 


50  COMMON   SCHOOL   LAW 

President's  liability. 

132.  It  is  held  that  the  president  of  a  school  board  act- 
ing for  the  same,  or  pretending  to  act  for    it,  in    making  a 
contract  which  the  board  had  no  power  to  make,  thereby  be- 
comes individually  liable  thereon.18 

If  the  president  and  secretary  draw  an  order  without 
authority,  they  are  guilty  of  a  misdemeanor  ;  and  if  the 
board  direct  an  order  to  be  drawn  for  any  other  than  a 
legitimate  purpose,  they  subject  themselves  to  indictment.'9 
The  secretary.  Duties.  Compensation. 

133.  The  secretary  shall  keep  full  minutes  of  all  the 
proceedings  of  the  board,  in  a  book  provided  for  that  pur- 
pose, prepare  the  duplicate  of  school  tax,  keep  an    account 
of  all  abatements  and  exonerations  made  by  the  board,  pre- 
pare, attest  and  forward  to  the  county    superintendent,  the 
annual  certificate  that  the  schools  have  been  kept  open  dur- 
ing the  minimum  period  specified  by  law,  also  the  annual 
report  of   the  district,   prepare  and  attest  all  orders  on  the 
treasurer,  and  do  and  perform  all  other  acts  and  duties  law- 
fully pertaining  to  the  office  of  secretary  of  the  board  ;  and 
for  his   services  shall   receive  such  compensation  as    the 
board  may  direct.20 

Names  and  addresses. 

134.  The  names  and  postoffice  addresses  of  the  presi- 
dent, secretary  and  treasurer,  are  to  be  sent  upon  the  organ- 
ization of  the  board,  at  the  first   meeting  after  the  annual 
election  of  directors,  by  the  secretary,  to  the  superintendent 
of  public  instruction,  at  Harrisburg,  and  also  to  the  county 
superintendent. 

Countersign. 

135.  The  secretary  is  to  countersign — that  is,  officially 
attest  all  deeds  and  contracts  of  the  board,  after  they  have 
been  signed  by  the  president.     If  the   board  has  a  seal,  the 
secretary  is  to  have  the  custody  of  it,  and  is  to  affix  it    to 
all  deeds  and  contracts  signed  by  the  president. 


18.  Forcey  vs.  Caldwell,  9  Allan.  466. 

19.  2  Wh.  Dig.  605,  page  19. 

20.  Act  May  8,  1854,  Sec.  14,  P.  L.  619. 


ORGANIZATION    OF    BOARDS   OF   DIRECTORS  51 

Honthly  reports. 

136.  The  secretary  is  to  receive  the  monthly    reports 
from  the  teachers,  examine  them,  and  if  correct  sign  them ; 
if  not  correct  he  is  to  have  them  made    so    before    issuing 
the  monthly  order  for  the  teacher's  salary. 

End  of  the  term.  . 

137.  At  the  end  of  the  term,  the  books  of  monthly  re- 
ports are  to  be  deposited  with  the  secretary,   and   kept  by 
him  until  the  commencement  of  the  next  term. 

Last  adjusted  valuation. 

138.  The  secretary  is  to   see   that    the  "last    adjusted 
valuation"   of  taxable  persons  and    property    is    procured 
from  the  county  commissioners  in  time  for  the  making  out 
of  the  duplicate.  " 

Duplicate. 

139.  The  duplicate  is  to  be  made  out  by  the  secretary 
under  the  direction  of  the  board.     He  is  also    to    counter- 
sign it,  and  keep  an  account  of  all  exonerations. 

"  Pennsylvania  School  Journal." 

140.  The  "Pennsylvania  School  Journal"  when  sup- 
plied to  each  district  at  the  expense  of  the  state,  is  sent  to 
the  secretary,  and  each  copy  is  to  be  by  him  laid  before  the 
board  at  the  next  meeting  after  its  reception. 

The  file  of  the  Journal,  thus  received,  is  also  to  be  pre- 
served and  transmitted  to  his  successor  in  office. 

Deeds,  contracts,  etc. 

141.  The  secretary  is  to  keep  the  deeds,  contracts  and 
other  valuable  papers  and  documents  of  the   district   and 
transmit  them  to  his  successor.21 

Required  to  sign  orders. 

142.  If  he  refuse  to  sign  an  order  legally  drawn  by  the 
president,  the  board  may  appoint  a  secretary  pro  tem.  to  do 
it ;  and  may  also  remove  the  secretary  from  the  office  of 
director,  for  refusing  to  act  in  his  official  capacity.22 


21.  School  Laws  and  Decisions,  page  58,  1903. 

22.  2  Wh.  Dig.  605,  page  17. 


52  COMMON    SCHOOL   LAW 

Hay  receive  a  salery . 

143.  A  school  director  may  receive  a  salary  for  acting 
as  secretary  of  the  board,   notwithstanding  section   66  of 
the  criminal  code,  which  does  not  apply  to  the  secretary  of 
a  school  board.23 

No  extra  compensation. 

144.  He    cannot   receive  for  services    rendered   apart 
from  his  office   of  secretary;  as   for   delivering   books    to 
various  school  houses  in  the  district.24 

Treasurer  cannot  be  secretary. 

145.  The   offices    of  secretary   and    treasurer    cannot 
properly  be  filled  by  the  same  person.25 

Duty  of  secretary  after  annual  appointment  of  teachers. 

146.  Immediately    after   the   annual    appointment    of 
teachers  of  each   district,  the  secretary  of  the   board    shall 
send  a  written  list  of  their  names,  and  the  schools  to  which 
they  have  been  respectively  appointed,  to  the  proper  county 
superintendent,  with  a  notice  of  the  day  upon  which  the 
ensuing  term    of  school,  in    the   district,   will    commence, 
and  the  termination  thereof,  as  directed  by  the  board  2fi 

The  treasurer.     Bond.     Powers  and  duties. 

147.  The  treasurer  shall  give  bond  to  the  president  for 
the  use  of  the   district,  in    such    amount   and    with    such 
securities  as  shall  be  approved  by  the  board,  for  the  faith- 
ful   performance   of  his   duty ;   he   shall   receive  all   state 
appropriations,  district  tax,  and  other  funds  of  the  district, 
and  pay  thereout  all   orders  of  the  board  signed  by  the 
president  and  attested  by  the  secretary ;  he  shall  settle  his 
accounts  annually    with   the   directors    or    controllers,    in 
default  of  which  he  shall  not  be  re-appointed ;  he  shall  pay 
over  the  balance  without  delay  to  his  siiccessor  in  office, 
and  generally  do  and  perform  all  acts  and   duties   lawfully 
pertaining  to  his  office,  as  district  treasurer,  and  shall  be 


23.  Commonwealth  vs.  Mackin,  8  Kulp  176,  1896. 

24.  Black  vs.  School  District,  16  Montg.  179,  1900. 

25.  2  Wh.  Dig.  605  page  21. 

26.  Act  April  nth,  1862,  Sec.  4  P.  L.  472. 


ORGANIZATION    OF    BOARDS    OF    DIRECTORS  53 

allowed  to  retain  not  exceeding  two  per  cent,  on  the  money 

passing  through  his  hands  for  his  services.27 

• 
When  to  enter  office. 

148.  The  treasurer  is  not  to  enter  upon  the  duties  of 
his  office  till  his  official  bond  has  been  presented  and  appr- 
oved by  the  board. 

Payment  of  orders. 

149.  A  treasurer  has  no  right   to  go  behind  a  school 
order  to  inquire  into  the  propriety  of  its  amount.   If  it   be 
for  a  legal  purpose  and  signed  by  the  president  and  attested 
by  the  secretary,  he  must   promptly  pay  it,   without  delay 
or  objection,  upon  presentation  by  the  rightful   holder,  in 
legal  currency,  or  as  good  current  money  as  he  received.   If 
he  has  no  school  money  in  his  hands,  that  cause  or  refusal 
to  pay  should  be  immediately  reported  to  the  directors,  who 
should  take  prompt  measure  to  obviate  the  difficulty. 
Teachers'  rights. 

150.  It  is  the  legal  right  of  teachers  and  others  to  have 
their  school  orders  paid  in  cash  upon  presentation  to   the 
treasurer  without  hindrance  or  delay.  % 
Violation  of  duty  of  treasurer  to  purchase  school  orders. 

151.  It  is  a  gross  violation  of  duty  for  a  school    treas- 
urer to  purchase  school  orders ;  and  if  he  does  it  with  his  own 
funds  when  there  is  money  in  the  treasury,   he  should   be 
immediately   removed   from   office,   and   punished  for    the 
offence. 

Orders  on  the  treasurer. 

152.  Every  order  should  state  on  its  face  the  purpose* 
for  which  it  was  drawn.   If  it  does  not,  the  treasurer  is  not 
bound  to  pay  it;  or  the  auditors  on  the  settlement  of  his 
accounts  may  refuse  to  allow  it. 

Executions.     Manner  of  payment. 

153.  Executions  are  to  be  paid  by  the  treasurer,  out  of 
any    "unappropriated''    funds    in  his  hands,. or  which  shall 
first  come  into  his  hands.    "Unappropriated"   here  means 
money  in  the  treasury  beyond    the  amount   of  the   orders 


27.     Act  May  8,  1854,  Sec.  16,  P.  L.  620. 


54  COMMON   SCHOOL   LAW 

issued  by  the  board  but  not  paid,  previous  to  the  service  of 
the  writ  of  execution.     An  amount  sufficent  to  pay  those 
previously  issued  orders  to  be  regarded  as  appropriated. 
Reappointment  of  treasurer. 

154.  No  treasurer  is  to  be   reappointed    until   his  ac- 
counts for  the  preceding   year  have   been   settled    by   the 
board,  and  audited  by  the  district  auditors. 

Settlement. 

155.  The  settlement  by  the  board  is  for  the  purpose  of 
ascertaining   the    condition    of  the   district    accounts,  the 
amount  of  tax,  etc.,  paid  in,  and  of  money  paid  out,  and  the 
balance  on  hand,  if  any,  for  the  information  of  the  board. 
Settlement  by  the  auditors. 

156.  The  settlement  by  the  auditors,  of  the  treasurer's 
accounts,  is  to  verify  those  accounts,  and  to    enable  an  ap- 
peal to  be  taken  to  court,  by  either  party,  .if  the    case   de- 
mand it. 

Treasurer's  accounts  in  independent  districts. 

157.  The  accounts    of  treasurers  of  independent   dis- 
tricts will  be  settled  by  the  auditors  of  the  township  from 
which  the  district  was  taken. 

Percentage. 

158.  Percentage  is  not  to  be  allowed  to  any  out-going 
treasurer,  on  the  unexpended  balance  in  the  district  treasury, 
handed  over  to  his  successor. 

Liability  of  treasurer  for  failure  to  pay  money  to  successor. 

159.  Treasurers  who  refuse  or  neglect  to  pay   over  to 
their  successors  in  office  any  balance  of  funds  in  their  hands, 
are  liable  to  the  district  for  interest  on  the  same  from  the 
time  when  this  should  have  been  paid  over. 
Embezzlement. 

1 60.  If  a  school  treasurer  should  convert  to   his  own 
use,  or  use  by  way  of  investment,  any  school  moneys  in  his 
hands,  or  prove  a  defaulter,  the  act  will  be  deemed  an   em- 
bezzlement, and  be  punished  as  a  misdemeanor.28 


28.     School  Laws  and  Decisions,  page  62,  1903. 


ORGANIZATION    OF    BOARDS   OF    DIRECTORS  55 

Annual  settlement  of  treasurer. 

161.  The  treasurer  shall  settle  his  accounts    annually 
with  the  directors    or   controllers,  in  default    of  which  he 
shall  not  be  re-appointed.29 

When  settlement  is  conclusive. 

162.  A   settlement  by   township   auditors  of  the  ac- 
count of  the  treasurer  of  a  school  district  is  conclusive  un- 
less an  appeal  is  taken.30 

Erroneous  surcharge  of  treasurer.     Remedy. 

163.  The   remedy  of   a   school   district   treasurer   for 
erroneous  surcharge  at  an  audit  of  his  accounts   is  by  an 
appeal  from  the  audit  as  provided  by  law  ;    it  is  too  late  to 
raise  the  quesiion  upon  a  motion  to  strike  off  the  report.31 
Bank. 

164.  The    treasurer    of    a    school   district     deposited 
the  money  of  the  district  in  a  bank,  to  his  account  as  treas- 
urer.    The  bank  failed.      Suit  was   brought  to  recover  the 
amount  of  the  treasurer  and  his  surety.     It   was   held,  that 
the  bank  having  a  reputation  of  solvency,  and  there  being 
no  negligence  on  the  part  of  the  treasurer,  that  there  could 
be  no  recovery,  but  the  loss  must  fall  on  the  school  district 
and  not  upon  the  treasurer  individually. 3* 

Unlawful  payment.     When  treasurer  liable. 

165.  The  treasurer  of  the  school  fund,  who  was  also  a 
school  director,  and  voted  in  favor  of  an  unlawful  payment, 
cannot  shield  himself  from  liability  under  the    warrant   of 
the  board  of  directors.33 

(So  discretionary  power  of  treasurer. 

166.  He  has  no  discretionary  power,  but  must  pay  the 
order,  when  presented,  if  he  has  funds  ;    and  the    auditors 
cannot  refuse  to  receive  these  orders  as   vouchers,   even  if 
drawn  for  an  illegal  purpose.3* 


29.  Act  May  8,  1854,  Sec.  16,  P.  L.  620. 

30.  Porter  vs.  School  Directors,  18  Pa,  144,  1851. 

31.  Commonwealth  vs.  Joyce,  3  Pa.  Superior  Ct.  609.  1897. 

32.  School  vs.  Stoner,  16  Mont.  107,  1900. 

33.  The  Township  of  Dickinson  vs.  Linn,  36  Pa.  341,  1860. 

34.  2  Wh.  Dig.  605,  P.  L.  23. 


56  COMMON   SCHOOL   LAW 

He  may  be  compelled  by  mandamus  to  pay  an  order} 
when  he  has  funds  in  his  hands,  and  sets  up  no  defence  in 
his  answer.35 

He  is  not  warranted  in  refusing  to  pay  an  order  prop- 
erly drawn,  for  a  legal  indebtedness,  because  the  board  has 
failed  to  provide  funds  sufficent  to  pay  all  indebedness  of 
the  district,  or  because  payment  of  the  order  would  not 
leave  enough  money  in  the  treasury  to  meet  current  ex- 
penses.36 

Penalty  for  failure  of  treasurer  to  pay  over  funds. 

167.  His  refusal  to  pay  over  the  whole  funds  in  his 
possession,  on  demand,  is  evidence  that  he  has  used  them 
for  his  private  purposes,  and  subjects  him  to  criminal 
prosecution.37 

Power  to  remove  treasurer. 

1 68  It  appears  that  the  board  of  directors  of  the  Home- 
ward sub-school  district,  in  the  City  of  Pittsburg,  at  its  or- 
ganization, in  June  1900,  chose  the  respondent  treasurer  of 
the  board.  At  a  subsequent  meeting  this  action  was  recon- 
sidered and  another  person  chosen  in  his  place. 

On  the  appeal  the  Supreme  Court  decided  that  the  office 
of  treasurer  of  a  school  board  is  an  appointed  officer  within  the 
meaning  of  the  constitution  and  removal  at  the  pleasure  of 
the  board.38 


35.  Commonwealth  vs.  Johnson,  24  Pa.  Superior  Ct.49O,  1904. 

36.  Commonwealth  vs.  Virtue,  13  Lug.  L.  Reg.  Rep.  191,  1904. 

37.  2  Wh.  Dig.  605,  page  26. 

38.  Commonwealth  vs.  Sulzner,  198  Pa.  502,  1901. 


CHAPTER  VI. 

MEETINGS.      VACANCIES.      APPOINTMENTS. 

PAGE 

169.  Meeting  of  directors  and  controllers 57 

170.  "Stated  and  regular  meetings  of  boards"  defined 57 

171.  School   directors  have  power  to  declare  vacancies  and  make 

appointments 58 

172.  School  directors  sustained  in  removing  absentees  and  appoint- 

ing others 58 

173.  Proceedings  to  ouster   a   director   for  absence.     Meaning   of 

expressions  "to  meet  at   the  call  of   the   president,"  "to 
adjourn   to   a   time   and   place  certain,"   and   "special   or 

adjourned  meetings" 60 

174.  Procedure  upon  convening  of  board 62 

175.  Quorum 62 

176.  Motions  and  resolutions 62 

177.  When  no  business  can  be  transacted 63 

178.  Tie  vote  loses  the  question 63 

179.  Regular  meeting 63 

180.  Special  meeting  of  the  board.     By  whom  called 63 

181.  President  and  secretary  pro  tempore 63 

182.  To  prevent  delay 64 

183.  Directors'  annual  meeting.     Compensation 64 

184.  When  city  treasurer  becomes  school  treasurer 64 

Meeting  of  directors  and  controllers. 

169.  Each  board  of  directors  and  controllers  shall  hold 
at  least  one  stated  meeting  in    every  three    months  ;  and 
such  other  meetings  as  the    circumstances  of  the   district 
may  require,  shall  be  held  at  such  time  and    place  as    may 
be  designated  by  the  president  and  secretary,  upon  due  no- 
tice given  to  each  member  of  the  board.     If  less  than  a 
majority  of  directors  or  controllers  attend  any  meeting,  no 
business  shall  be  transacted  thereat,  except  that  of  adjourn- 
ment, and  of  appointment  to  fill  vacancies  in  the  board.1 

"  Stated  and  regular  meetings  of  boards  "  defined. 

170.  The  terms,  "stated  meeting"  or  "  regular  meet- 
ing" of  a  board  of  directors  or  controllers,  whenever  they 
occur  in  the  act  to  which  this  is  a  further  supplement,  (act 
May  8,  1854,  P.  L.  617)  shall  hereafter,  be  taken    to    mean 
the  first  meeting  thereof,  for  organization,  after  the  annual 
election  of  directors  or   controllers,  and    the    monthly,  or 


i.     Act  May  8,  1854,  Sec,  17,  P.  L.  620. 


58  COMMON    SCHOOL   LAW 

other  periodical  meetings,  held  thereafter,  in  accordance 
with  the  standing  regulations  of  the  board  ;  but  if  there 
are  no  standing  regulations,  then  every  meeting,  held  in 
succession,  from  said  first  meeting  for  organization,  by  ad- 
journment to  a  time  and  place  certain,  and  so  entered  on 
the  minutes  of  the  proper  board,  shall  be,  to  all  intents  and 
purposes,  regarded  as  a  regular  meeting.2 

School  directors  have  power  to  declare  vacancies  and  make  appoint- 
ments. 

171.  That  if  any  person  duly  elected  a  school  director 
shall  refuse  to  attend  a  regular  meeting  of  the  board,  after 
having  received  written  notice  from  the  secretary  to  appear 
and  enter  upon  the  duties  of  his  office,  or  if  any  person  hav- 
ing taken  upon  him  the  duties  of  his  office  as  director,  shall 
neglect  to  attend  any  two  regular  meetings  of  the  board  in 
succession,  unless  detained  by  sickness  or  prevented  by 
absence  from  the  district,  or  to  act  in  his  official  capacity 
when  in  attendance,  the  directors  present  shall  have  power 
to  declare  his  seat  in  the  board  vacant,  and  to  appoint  an- 
other in  his  stead  to  serve  until  the  next  regular  election.3 

School  directors  sustained  in  removing  absentees  and  appointing 
others. 

172  The  seats  of  three  members  of  the  school  board  of 
Pittston  township,  were  declared  vacant  on  August  24, 1896, 
and  other  persons  appointed  in  their  stead.  This  action  of 
the  directors  was  taken  in  supposed  pursuance  of  the  act  of 
May  8,  1854.  It  is  not  denied  that  the  three  members  failed 
to  attend  the  meetings  of  the  board  held  on  the  i7th,  2Oth 
and  24th  of  August,  1896.  If  these  were  "regular"  meet- 
ings in  contemplation  of  law,  then  the  action  taken  was 
within  the  jurisdiction  of  the  directors,  and  their  discretion 
cannot  be  impeached  in  this  proceeding  All  official  delib- 
erative bodies  have  the  inherent  right  to  assemble  in  pur- 
suance of  a  previous  adjournment.  Where  the  record  of 
minutes  of  a  previous  meeting  shows  an  adjournment  to  a 
time  and  place  certain,  then  such  adjourned  meeting  will  be 
considered  regular. 


2.  Act  April  ii,  1862,  Sec  3,  P.  L,.  471. 

3.  Act  May  8,  1854,  Sec.  8,  P.  L.  618. 


MEETINGS       VACANCIES       APPOINTMENTS  59 

But  it  is  claimed  in  the  present  case  that  the  general 
rule  applicable  to  deliberative  bodies  is  qualified  in  the  case 
of  school  directors,  by  act  of  April  u,  1862,  P.  L.  471,  which 
in  section  3,  provides  that  "the  term  stated  meetings  or 
regular  meetings  ....  shall  hereafter  be  taken  to  mean  the 
first  meeting  thereof  for  organization  after  the  annual  elect- 
ion of  directors  or  controllers,  or  the  monthly  or  other  per- 
iodical meetings  held  hereafter,  in  accordance  with  the 
standing  regulations  of  the  board.''  This  act,  however,  con- 
tains the  following  additional  provision:  "But  if  there  are 
no  standing  regulations,  then  every  meeting  held  in  suc- 
cession from  the  said  first  meeting  for  organization  by  ad- 
journment to  a  time  and  place  certain,  and  so  entered  on 
the  minutes  of  the  proper  board,  shall  be  to  all  intents  and 
and  purposes  regarded  as  a  regular  meeting."  The  board  of 
directors  of  the  Pittston  township  district  has  never  adopted 
any  standing  rule  or  regulation  in  reference  to  the  time  of 
holding  regular  monthly  meetings.  It  seems  to  have  been 
their  practice  to  meet  from  time  to  time,  at  the  call  of  the 
chairman.  This  is  shown  by  the  minutes.  The  meetings  of 
the  3d  of  August,  of  the  i/th,  and  of  the  2oth,  all  seem  to 
have  been  held  in  a  regular  manner,  —  the  first  at  the  call 
of  the  chairman,  and  the  others  in  pursuance  of  adjournment 
properly  noted  on  the  minute  book.  At  a  meeting  on  the 
2Oth,  there  being  but  two  directors  present,  an  adjournment 
was  ordered  to  the  24th  at  7:30  P.  M.  in  the  Morgan  Lane 
schoolhouse.  This  also  appears  on  the  minutes.  It  would 
seem,  therefore,  that  the  adjourned  meeting  held  on  the  24th 
of  August,  1896  was  regular  in  all  respects.  And  it  appears 
from  the  depositions  that  the  three  members  were  duly  not- 
ified of  the  meeting,  but  did  not  see  proper  to  attend  it. 
Upon  appeal  to  the  Supreme  Court,  a  Per  Curian 
opinion  was  delivered  as  follows,  to  wit: 

The  office  of  school  director  was  intended  to  secure 
a  fair  and  intelligent  administration  of  the  school  laws  in 
the  interest  of  public  education.  When  these  officers  can- 
not, or  will  not,  discharge  their  duties,  the  law  provides  for 
their  prompt  removal  and  the  appointment  of  others  better 
able  or  more  willing  to  serve  the  public  with  fidelity.  An 


60  COMMON   SCHOOL   LAW 

examination  of  the  case  has  satisfied  us  that  a  proper  oc- 
casion for  the  exercise  of  this  power  of  removal  and  appoint- 
ment had  arisen  in  Pittston  township,  and  that  it  was  exer- 
cised in  a  regular  and  valid  manner.4 

Proceedings  to  ouster  a  director  for  absence.  Heaning  of  expres= 
sions  "  to  meet  at  the  call  of  the  president,"  "  to  adjourn  to 
a  time  and  place  certain,"  and  "  special  or  adjourned  meet- 
ings." 

173.  The  board  met  for  organization  on  June  5th  ; 
this  was  admittedly  a  regular  meeting  and  the  relator  was 
present.  This  meeting  adjourned  "  to  meet  at  the  call  of 
the  president,"  and  on  such  call  a  second  meeting  took 
place  on  June  I5th,  from  which  the  relator  was  absent. 

This  was  not  a  regular  meeting  by  the  terms  of  the 
statute,  not  being  held  in  accordanee  with  any  standing 
regulations  of  the  board  nor  by  adjournment  "  to  a  time 
and  place  certain."  It  was  merely  what  is  known  in  the 
common  usage  and  understanding  of  legislative  and  cor- 
porate bodies  as  a  special  or  adjourned  meeting.  The 
board  however  at  this  meeting  adopted  a  standing  regula- 
tion that  "  the  regular  monthly  meeting-  was  to  be  held  at 
Hecksherville  and  Black  Heath,  on  the  first  Saturday  of 
every  month,  at  half  past  six  o'clock." 

The  next  meeting  took  place  in  accordance  with  this 
regulation  on  July  i,  the  first  Saturday  of  the  month.  This 
was  a  regular  meeting  and  the  relator  having  been  absent 
must  have  this  counted  against  him.  This  meeting  ad- 
journed to  July  10,  at  which  date  another  meeting  took 
place,  from  which  relator  was  absent.  This  was  not  a  reg- 
ular meeting  within  the  present  question,  because  the 
standing  regulation  adopted  June  15  had  fixed  the  first  Sat- 
urday of  every  month  for  such  meetings.  It  was,  there- 
fore, merely  an  adjourned  meeting  and  the  relator's  absence 
was  immaterial  in  the  present  controversy. 

The  next  meeting,  and  the  last  with  which  we  are  con- 
cerned, took  place  on  August  5,  the  first  Saturday.  This 
was  a  regular  meeting,  and  made  the  second  in  succession 
from  which  the  relator  was  absent.  The  action  declaring 


4  Keating  vs.  Jordan,  181  Pa.  168,  1897. 


MEETINGS        VACANCIES       APPOINTMENTS  6 1 

his  seat  vacant  was  taken  at  this  meeting.  It  was  clearly 
premature  and  therefore  void.  It  is  claimed  by  the  relator 
that  he  was  on  his  way  to  the  meeting,  though  somewhat 
late,  and  that  the  action  of  the  board  was  hurried  through, 
and  the  meeting  adjourned  in  order  to  prevent  his  attend- 
ance. On  the  other  hand  appellants  claim  that  the  resolu- 
tion to  vacate  the  seat  was  the  last  thing  done  before  ad- 
journment, and  that  the  meeting  was  therefore  over  when 
this  action  was  taken.  It  is  not  material  to  this  case  which 
version  of  the  facts  is  correct.  The  action  was  void  in 
either  view.  The  statute  does  not  authorize  ouster  for 
coming  late  to  meetings,  but  for  absence,  and  absence  can- 
not be  determined  or  declared  until  the  meeting  is  actually 
adjourned.  If  the  relator  had  entered  the  meeting  during 
the  vote  on  adjournment  he  would  have  had  a  right  to  par- 
ticipate in  the  proceedings,  and  to  be  counted  as  present  at 
the  meeting. 

It  was  distinctly  held  in  Zulich  vs.  Bowman,  42  Pa.  83, 
that  until  the  second  meeting  was  over,  it  could  not  be 
finally  ascertained  that  the  member  was  absent.  See  also 
Genesee  Township  Independent  School  District  vs.  McDon- 
ald, 98  Pa.  444,  450. 

There  is  another  ecfually  conclusive  reason  why  no  ouster 
can  be  declared  at  the  second  meeting.  The  act  does  not 
make  absence  from  two  regular  meetings  necessarily  a  cause 
for  ouster,  but  only  "  unless  detained  by  sickness  or  pre- 
vented by  absence  from  the  district."  Conceding  that  the 
burden  of  showing  such  excuse  would  be  upon  the  absent 
member,  he  would  nevertheless  be  entitled  to  notice  and  an 
opportunity  to  be  heard  to  present  it,  and  this  could  not  be 
afforded  without  a  subsequent  meeting.  The  act  is  highly 
penal  in  that  it  permits  a  few  individuals,  liable  to  be  gov- 
erned by  personal  feeling,  as  is  intimated  not  only  by  the 
learned  judge  in  this  case,  but  also  in  Zulich  vs.  Bowman, 
supra,  from  the  same  county,  to  oust  by  summary  proceed- 
ings the  officer  duly  chosen  by  the  electors  to  represent  them 
in  their  school  matters.  The  act,  therefore,  must  be  strictly 


62  COMMON   SCHOOL   LAW 

construed,  and  every  step  in  tiie  proceedings  must  clearly 
appear  to  have  been  regular  and  within  the  authority  con- 
ferred by  the  statute.5 

Procedure  upon  convening  of  board. 

174.  The  minutes  of  the  last  preceding  regular,  and  of 
all  intervening  special  or  called  meetings,  should  be  read 
immediately  after  calling  the  roll,  at  every  regular  meet- 
ing.    But  the  minutes  of  previous  meetings  need  not  be 
read  at  any  special  or  called  meetings. 

Quorum. 

175.  Four  members,  regularly  convened,  can  transact 
any   business    within    the    power   of  the   board ;  and    the 
majority  of  a  quorum  (three)  can  decide  any  question  except 
those  specified  in  Act  April  nth,  1862,  Sec.  4,  P.  L.  472, 
which   are  as  follows,  to  wit :     That  no  tax  for  school  or 
building   purposes  shall  be  levied,  no  resolution  shall  be 
adopted  for  the  purchase  or  sale  of  any  school  real  estate,  no 
school  house  shall  be  located  or  its  location  abandoned  or 
changed,  no  teacher  shall  be  appointed  or  dismissed,  no  an- 
nual school  term  shall  be  determined  on,  nor  shall  any  gen- 
eral course  of  studies  be  adopted  or  Annual  series  of  text 
books  be  selected,  in  any  common  school  district,  except  by 
the  affirmative  votes  of  a  majority  of  the  whole  number  of 
the  directors   or  controllers  thereof;  and   in  each  of  said 
cases  the  names  of  the  members  voting  both  in  the  affirma- 
tive and  the  negative  shall   be  so  entered  on  the  minutes  of 
the  board  by  the  secretary. 

Motions  and  resolutions. 

176.  All  motions  and  resolutions  of  importance,  such 
as  those  for  the  laying  of  tax,  purchase  or  sale  of  houses  and 
lots,  fixing  the  duration  of  the  school  term,  etc.,  should  be 
put  in  writing  by  the  person  offering  them,  before  being  en- 
tertained by  the  president,  and  should  be  entered  on  the 
minutes  at  length. 


5.     Commonwealth  vs.  Gibson,  196  Pa.  97,  1900. 


MEETINGS       VACANCIES        APPOINTMENTS  63 

When  no  business  can  be  transacted. 

177.  If  less  than  four  members  attend,  no  business  can 
be  legally  transacted,  except  adjourning  to  some  future  time, 
then  to  be  named,  and  filling  vacancies  in  the  board. 

Tie  votes  loses  the  question. 

178.  A  tie  vote  loses  the  question  ;  that  is,  the  same 
number  of  votes  on  each  side  ;  or,  rather,  failing  to  carry  by 
a  majority  of  those  voting,  it  leaves  the  question  where  it 
was  before  the  vote  was  taken  ;  and,  therefore,  effects  no 
change. 
Regular  meeting. 

179.  Every  regular  meeting  should  adjourn  to  meet 
again  at  a  time  and  place  then  agreed  on,  and  so  entered  on 
on  the  minutes;  unless  the  time  and  place  are  determined  on 
by  the  standing  regulations,  which  ought  always  to  be  the 
case.5 

Special  meetings  of  the  board.     By  whom  called. 

1 80.  If  the  president  of  board  of  school  directors,  or  con- 
trollers, shall  neglect  or  refuse  to  call  special  meetings  when 
required  by  a  written  request,  signed  by  three  members  of 
the  board,  such  meetings  may  be  called  by  any  two  members 
of  said  board;  and  any  business  transacted  at  a  meeting  so 
called,  shall  be  legal,  the  same  as  though  the  meetings  had 
been  held  pursuant  to  a  notice  given  by  the  president.7 

President  and  secretary  pro  tempore. 

181.  If  the  president  or  secretary  shall  absent  himself 
from  any  meeting  of  the  board,  or  being  present,  shall  refuse 
to  perform  any  duties  of  his  office,  a  president  or  secretary 
pro  tempore  shall  be  appointed  by  members  present,  an  en- 
try thereof  being  made  on  the  minutes;  and  the  acts  necess- 
arily performed  by  such  president  or  secretary  pro  tempore, 
during  such  meeting  shall  be  as  valid  and  binding  on  the 
board  and  (^strict,  as  if  they  had  been  performed  by  the 
regular  officer  of  the  board.8 


6.  School  Laws  and  Decisions,  page  67,  1903. 

7.  Act  April  17,  1863.  Sec.  2,  P.  L,.  62. 

8.  Act  May  8th,  1854,  Sec.  15,  P.  L.  626. 


64  COMMON   SCHOOL   LAW 

To  prevent  delay. 

182.  This  act  is  intended  to  prevent  delay  in  the  pro- 
ceedings of  a  board  by  the   absence,  or,  if  present,  by  the 
refusal  to  act  of  the  regular  officer.    If  others  are  appointed 
in  such  cases,  pro  tern  pore,  the  fact,  either  of  absence  or  re- 
fusal  to  act,  should  be  entered  on  the  minutes,  with  the 
names  of  the  persons  substituted.     This  being  done,  the 
official  acts  of  the   officers  pro  tempore,  or  either  of  them, 
are  as  valid  and  binding  on  the  district  as  those  of  the  regu- 
lar officers  would  have  been,  had  they  acted.9 

Directors'  annual  meeting.    Compensation. 

183.  It  shall  be  the  duty  of  each  school  director,  in  each 
of  the  districts  of  each  county,  to  attend  each  annual  meet- 
ing of  school  directors,  called  by  the  county  superintendent 
for  the  purpose  of  considering  and  discussing  questions  per- 
taining to  school  administration  ;  and  each  school  director 
attending  such  annual  convention  shall  receive,  for  his  neces- 
sary expenses,  compensation  at  the  rate  of  $2.00  per  diem, 
and  mileage  at  the  rate  of  three  cents  per  mile,  to  be  paid 
out  of  the  funds  of  the  district  which  he  serves.     But  the 
expenses  shall  not  be  paid  for  more  than  two  days  at  any  an- 
nual meeting.10 

When  city  treasurer  becomes  school  treasurer. 

184.  The  city  treasurer  shall  ex-officio  be  school  treas- 
urer, and  before  entering  upon  the  duties  of  his  office,  shall 
give  bond  to  the  school  directors,  conditioned  for  the  faith- 
ful performance  of  his  duties,  in  such  amount  as  the  board 
shall  direct,  and  with  such  sureties  as  by  them  approved  ; 
aud  shall  also  before  he  enters  upon  his  office  take  and  sub- 
scribe an  oath  or  affirmation  of  like  nature  as  is  hereinbefore 
prescribed  by  the  city  treasurer.11 


9.  School  Laws  and  Decisions,  page  66,  1903. 

10.  Act  April  10,  1905,  Sec.  2,  P.  L.  139. 

11.  Act  May  23,  1874,  Sec.  42,  P.  L.  p.  256. 


CHAPTER  VII. 

POWER  OF  THE  COURTS  TO  REMOVE  DIRECTORS. 

PAGE 

185.  Power  of  the  court  of  quarter  sessions  to  remove  directors 65 

186.  Removal  of  whole  board  for  failure  to  organize 65 

187.  Meaning  of  "  so  far  as  the  means  of  the  district  will  admit"...  66 

188.  Removal  for  failure  to  elect  necessary  teacher 67 

189.  Removal  for  non-performance  of  duties 67 

190.  Power  of  the  court  of  common  pleas  to  remove  directors 67 

191.  Power  of  the  court  to  grant  a  rule  upon  the  directors 68 

192.  Intentions  of  the  act 68 

193.  Power  of  the  court  to  remove  directors  under  the  act  of  June 

6,  1903 69 

194.  Attorney  fees  cannot  be  taxed  as  costs 72 

Power  of  the  court  of  quarter  sessions  to  remove  directors. 

185.  If  all  the  members  of  any  board  of  directors  or 
controllers  shall  refuse  or  neglect  to  perform  their  duties  by 
levying    the  tax  required  by  law,   and  to  put  or  keep  the 
schools   in  operation,  so  far  as  the  means  of  the  district  will 
admit,   or  shall  neglect  or  refuse  to  perform  any  other  duty 
enjoined   them   by  law,  the  court  of  quartet  sessions  of  the 
the  proper  county  may,  upon  complaint  in  writing,  by  any 
six  taxable  citizens  of  the  district,  and  on  due  proof  thereof, 
declare  their  seats  vacant,  and  appoint  others  in  their  stead, 
until  the  next  annual  election  for  directors.1 

Removal  of  whole  board  for  failure  to  organize. 

1 86.  A   petition    was  presented  to  the  court  of  quarter 
sessions   under  the  above  act  of  assembly  praying  for  the 
removal  of  the  directors  for  neglect  to  perform  their  duty  in 
failing  to  organize  as  a  board  as  required  by  act  of  April  22, 
1863. 

The  court  said:  "The  act  of  22nd  of  April,  1863,  is 
peremptory  in  its  injunction  that  the  organization  shall  be 
on  the  first  Monday  of  June  or  within  ten  days  thereafter, 
and  upon  failure  to  organize,  the  court  ot  quarter  sessions 
may,  upon  petition  of  not  less  thaa  six  taxable  inhabitants 
of  the  district,  declare  their  seats  vacant  and  appoint  others 
in  their  stead  until  the  next  annual  election." 


I.     Act  May  8,  1854,  sec  9,  P.I,.  617. 


66  COMMON   SCHOOL   LAW 

"  The  directors  elect  did  not  organize  within  ten  days 
after  the  first  Monday  of  June,  1893,  and  this  gave  juris- 
diction to  the  court  of  quarter  sessions  to  declare  their  seats 
vacant  and  appoint  others  The  court  did  not  determine 
their  title  to  the  office,  it  only  determined  whether  those 
having  an  unquestioned  title  to  the  office  had  neglected  to 
perform  the  official  corporate  act  enjoined  by  law  within 
the  time  fixed  which  was  necessary  to  their  existence  as  a 
school  board.  The  court  on  competent  evidence  ascertains 
the  fact,  then  the  vacancy  follows,  and  the  power  of  appoint- 
ment by  the  court.  There  are  many  provisions  in  our 
statutes  for  such  contingencies.  The  act  of  March  16,  1860, 
sec.  2  provides  that,  any  township  officer  failing  to  give  the 
security  required  by  the  first  section  of  the  act  within  one 
month  after  his  election,  his  office  shall  be  declared  vacant. 

"Justices  of  the  peace  elect  must  file  acceptance  of  office 
to  which  they  are  elected  within  a  fixed  time  or  there  is  a 
vacancy.  In  all  such  cases,  the  non-performance  of  the  pre- 
liminary duty  enjoined  is  a  fact  determinable  by  proof  as 
in  other  cases,  just  as  the  fact  of  death  or  resignation  creates 
the  vacancy  to  be  filled  by  appointment.  The  same  power 
given  to  the  board  by  section  8  of  act  of  1854  to  declare  the 
seat  of  a  member  vacant  for  non-attendance  at  a  regular 
meeting  of  the  board,  or  to  declare  the  seat  of  one  who  has 
assumed  the  duties  of  the  office  vacant  on  failure  to  attend 
two  regular  meetings,  has  been  given  the  court  in  case  of 
failure  of  the  whole  board  to  organize.  These  directors  hold 
no  office  because  they  failed  to  organize  as  the  law  requires. 

"Hence  there  was  a  vacancy,  just  as  in  the  case  of  the 
supervisor  who  refuses  to  file  his  bond,  or  of  the  justice  of 
the  peace  who  refuses  to  file  his  acceptance  of  the  office. 

By  the  wilful  disregard  of  the  law  they  never  had  office 
in  it."2 
Meaning  of  "  so  far  as  the  means  of  the  district  will  admit." 

187.  The  words  "so  far  as  the  means  of  the  district 
will  admit,"  do  not  justify  directors  in  providing  means  to 
keep  the  schools  in  operation  any  shorter  term  than  seven 

2.     Butler  township  school  district,  158  Pa.  159,  1893. 
Removal  of  school  directors,  14  D.  R.  71?,  1905. 


POWER   OF  THE   COURTS   TO    REMOVE   DIRECTORS       67 

months  ;  because  the  law  expressly  enjoins  it  on  the  board 
to  keep  them  "  in  operation  not  less  than  seven  nor  more 
than  ten  months  in  the  year."  The  discretion  given,  there- 
fore, only  relates  to  those  extremes,  between  which  they 
may  select  any  term  suitable  to  the  means  of.  the  district. 
But  if  the  directors  do  not  keep  the  schools  open  at  least 
the  minimum  term  of  seven  months,  the  court  will  remove 
them  from  office.3 

Removal  for  failure  to  elect  necessary  teacher. 

188.  Where  a  board  of  school  directors,  by  reason  of 
being  unable  to  agree  upon  the  amount  of  salary  to  be  paid, 
have  failed  to  appoint  a  necessary  teacher,  it  is  such  a  neglect 
of  duty  as  will  authorize  the  court  of  quarter  sessions  to  de- 
clare  their   seats    vacant  and  to    appoint    others    in  their 
stead.4 

Removal  for  non-performance  of  duties. 

189.  School  directors  will  be  removed  from  office  where 
they  have  allowed  school  property  to  deterioate  for  need  of 
repairs,  have  failed  to  pay  their  teachers  and  janitors,  have 
neglected  to  supply  fuel  to  the  school,  have  permitted  the 
schools  to  remain  in  an  unsanitary  condition,  and  have  ap- 
plied current  funds  needed  for  current  expenses  to  pay  claims 
which  should  have  been  otherwise  provided  for.5 

Power  of  the  court  of  common  pleas  to  remove  directors. 

190.  Whenever  the  school  directors  or  controllers  of 
any  city,  borough,  township  or  independent  school  district 
shall  wilfully  neglect  or  refuse  to  provide  suitable  houses, 
rooms  or  buildings  in  and  for  any  school  district  within 
their  jurisdiction  and  under  their  supervision  and  control, 
with  ample  room  and  seating  capacity  for  the  reasonable 
and  convenient  accommodation  of  all  the  school  children  re- 
siding within  the  district  who  may  be  in  attendance,  or  who 
desire  to  attend  the  school  or  schools  therein,  then  ten  or 
more  taxable  citizens,  residents  of  the  said  district,  may  set 


3.  School  L,aws  and  Decisions,  page  51,  1903. 

4.  Bloomsburg  School  Directors,  121  Pa.  293,  1888. 

5.  Pittston  Township  School  Directors,  30  Pa.  C.  C.  92,  1904. 


68  COMMON   SCHOOL   LAW 

forth  in  writing  the  facts  in  the  case,  under  oath  or  affirma- 
tion of  at  least  six  persons  who  signed  the  statement,  and 
petition  the  court  of  common  pleas  of  the  county  in  which 
said  school  district  is  situated,  or  in  vacation  any  judge  of 
the  said  court,  for  the  appointment  of  a  competent  inspector, 
whose  duty  it  shall  be  to  visit  the  district  by  order  of  the 
court  or  judge  thereof,  and  inquire  into  the  facts  set  forth 
in  the  complaint  submitted,  giving  due  notice  to  the  mem- 
bers of  the  board  of  directors  against  whom  the  complaint 
for  neglect  of  duty  is  made,  and  to  other  persons  concerned, 
and  the  said  inspector  shall  report  to  the  court  or  proper 
judge  thereof,  under  oath  or  affirmation,  of  the  result  of  his 
personal  inspection  and  investigation,  accompanied  by  state- 
ments of  facts  and  proofs  obtained  in  the  case.5 
Power  of  the  court  to  grant  a  rule  upon  the  directors. 

191.  If,   after  hearing  the  allegations  and  the   proof 
offered  to  substantiate  the  charges  set  forth  in  the  complaint 
or  to  disprove  them,  and,  after  having  fully  and  diligently 
inquired  into  all  the  facts  and  circumstances  bearing  on  the 
case  in  point,  the  aforesaid  inspector  finds  that  the  directors 
or    controllers    have  refused,    neglected  or  failed,   without 
valid  cause  for  such  refusal,  neglect  or  failure  on  their  part, 
to  prove  and  maintain  suitable  and  adequate  accommoda- 
tions for  the  school  children  of  the  district  as  the  law  re- 
quires, he  shall  so  report  to  the  court  or  to  the  judge  ap- 
pointing him,  and  the  court  in  such  case  is  hereby  author- 
ized and  empowered  to  grant  a  rule  upon  the  directors  or 
controllers  then  having  jurisdiction  in  the  district,  or  such 
of  them  as  have  wilfully  neglected  or  failed  without  justifi- 
able excuse  to  perform  the  duties  enjoined  upon  them  by 
law,  to  show  cause  why   the  court  or  the  judge  thereof 
should  not  remove  them  from  office  and  appoint  others  in 
their  stead,  until  the  next  annual  election  for  directors.7 
Intention  of  the  act. 

192.  By  the  act  of  June  6,  1893,  the  legislature  intended 
to  confer  a  certain  power  of  supervision  of  the  discretion  of 

6.  Act  June  6,  1903,  Sec.  i,  P.  L.  330. 

7.  Act  of  June  6,  1893,  Sec.  2,  P.  L,.  330. 


POWER   OF  THE   COURTS   TO   REMOVE   DIRECTORS       69 

school  boards  on  the  state  courts,  which,  under  the  act  of 
May  8,  1852,  P.  L.  617,  the  courts  did  not  have.  It  was 
also  the  purpose  of  the  act  to  confer  on  the  courts  of  com- 
mon pleas  a  power,  through  the  appointment  of  an  inspector 
to  ascertain  the  facts  and  determine  whether  the  directors 
have  exercised  a  sound  discretion  in  providing  suitable  ac- 
commodations for  all  the  school  children  of  the  district ; 
but  the  findings  of  fact  by  such  inspector  are  not  conclusive 
in  the  court  of  common  pleas. 

School  directors  are  not  entitled  to  notice  of  the  time 
and  application  for  the  appointment  of  an  inspector.  All 
that  the  law  requires  is  that  they  shall  have  notice  of  the 
investigation. 

It  is  no  ground  for  reversing  an  order  of  the  court  of 
common  pleas  that  the  inspector  appointed  was  an  attorney 
at  law.8 

Power  of  the  court  to  remove  directors  under  act  of  June  6,  1893. 

193.  Under  the  school  law  of  1854,  the  courts  of  this 
Co  nmon wealth  have  invariably  refused'to  interfere  with  the 
discretion  of  school  directors  in  all  matters,  especially  in  the 
building  and  location  of  schoolhouses,  for  the  reason  that 
matters  of  discretion  are  not  reviewable  in  law  or  equity. 

It  is  only  in  cases  of  bad  faith  equivalent  to  fraud  that 
the  courts  would  interfere,  suggesting  that  the  remedy  for 
the  abuse  of  discretion  was  in  the  votes  of  the  taxpayers  at 
the  polls.  The  act  of  1893,  however,  has  expressly  given  to 
courts  enlarged  powers.  Justice  Dean,  in  delivering  the 
opinion  of  the  Supreme  Court  on  an  interpretation  of  this 
act  of  assembly  in  re  rule  upon  G.  S.  Walker,  Rose's  App. 
179  Pa.  24,  says,  among  other  things:  "There  is  no  doubt, 
however  vaguely  expressed,  that  the  legislature  intended  by 
the  act  of  1893,  to  confer  a  certain  power  of  supervision  of 
the  discretion  ot  school  boards  on  the  state  courts,  which, 
under  the  law  of  1854,  they  did  not  therefore  have." 

And  further  on  in  commenting  upon  the  wording 
of  section  i,  viz:  "If  the  directors  shall  wilfully  neglect  or 


Gross'  Appeal,  179  Pa.  24,  1897. 
Petition  of  Barr,  188  Pa.  122,  18* 


70  COMMON    SCHOOL   LAW 

refuse  to  provide  houses,  rooms  or  buildings,  then  on  peti- 
tion  of  ten   or  more  taxable  citizens,  the  court  shall  act." 

"This  imposes  upon  the  court  the  duty"  says  Justice 
Dean,  "through  its  own  appointees  of  investigation  and 
putting  upon  record  the  facts  and  testimony.  If  the  inspec- 
tor then  finds  that  'without  valid  cause'  the  directors  have 
neglected  or  refused  to  perform  their  duty,  he  shall  report. 

"  It  will  be  noticed,  the  words,  'wilfully  neglected  and  re- 
fused,' are  here  dropped,  and  the  words,  'without  valid 
cause,'  substituted;  words  not  by  any  means  importing  the 
same  thing.  If  a  duty  be  enjoined  on  an  officer,  his  refusal 
to  perform  it  is  wilful.  He  has  no  discretion  as  to  its  per- 
formance. But  if  he  be  commanded  to  do  a  certain  act,  unless 
he  have  a  valid  cause  for  not  doing  it,  and  he  then  refuses 
for  cause,  the  question  is  at  once  raised  between  him  and 
his  superior,  whether  the  cause  is  sufficient  to  excuse  him  in 
his  disobedience;  it  brings  the  judgment  and  discretion  of 
the  subordinate  at  once  under  the  supervision  of  his  superior. 

And  further  reading  of  section   2,  bears  out  this  view. 

"It  says  the  court  is  empowered  to  grant  a  rule  on  those 
directors  who  'have  failed  without  justifiable  excuse'  to 
perform  the  duty  enjoined. 

"This  discretion  also  settles  another  question  raised  in 
the  same  case;  that  is,  that  the  finding  of  fact  by  the  inspec- 
tor is  not  conclusive,  like  that  of  an  auditor,  on  the  court 
below.  His  reported  conclusions  are  subject  to  a  careful 
review  on  the  rule  to  show  cause  on  school  directors,  which 
the  act  of  assembly  authorizes,  in  case  the  inspector  finds 
that  the  directors  have  refused,  neglected  or  failed  to  pro- 
vide adequate  accommodations,  as  required,  '  without  valid 
cause  for  such  refusal,  neglect  or  failure.' 

"We  have  very  carefully  examined  the  testimony  and 
the  report  of  the  inspector  in  the  case,  because  we  feel  that 
the  power  given  us  by  the  act  of  assembly  should  be  exer- 
cised only  in  a  very  clear  case.  The  facts  in  this  case,  as  we 
gather  them  from  the  testimony  taken  by  the  inspector, 
are  plain,  and  clearly  show  that  there  is  an  absolute  necessity 
for  a  new  schoolhouse  at  the  village  of  Kirkwood.  The 
testimony  shows,  as  the  inspector  says,  that  there  are  thirty- 


POWER   OF  THE   COURTS   TO   REMOVE   DIRECTORS       71 

eight  children  of  school  age  in  the  village  of  Kirkwood, 
within  a  radius  of  half  a  mile  from  the  center,  and  the  near- 
est schools  to  the  said  village,  which  these  pupils  now  at- 
tend, are  each  a  mile  and  a  half  distant,  and  that  the  seating 
capacity  for  all  school  children  residing  within  the  district, 
who  desire  to  attend  these  is  insufficent  to  accommodate 
them.  These  facts  are  un controverted.  The  testimony  also 
shows,  and  the  inspector  so  reports  as  the  fact,  that  there 
has  been  no  change  in  school  sites  or  locations  during  the 
the  past  sixty  years,  and  no  additional  school  house  facil- 
ities were  furnished  in  that  time,  and  the  school  tax  rate 
in  said  district  in  1895  was  but  two  and  a  half  mills  on  the 
dollar,  which  was  reduced  to  two  mills  in  1896,  and  that 
the  board  of  school  directors  had  reduced  the  salaries  of 
teachers  $2.00  a  month;  while  the  school  law  authorizes  an 
amount  of  tax  to  be  levied  annually  equal  in  amount  to  the 
county  and  state  taxes,  which  is  thirteen  mills  on  the  dollar 
for  school  purposes  and  an  equal  amount  for  building 
purposes,  making  in  all  twenty-six  mills  on  the  dollar. 

"  It  seems  to  us  that  there  could  scarcely  be  a  stronger 
appeal  made  to  the  legal  discretion  of  a  court,  than  the  one 
now  before  us.  The  abuse  of  discretion  in  this  case  is  very 
clear,  in  our  opinion,  which  compels  us  to  make  this  rule 
absolute,  the  costs  to  be  paid  by  the  school  district." 

In  reviewing  the  case  the  Supreme  Court,  by  Mr. 
Justice  Dean,  said:- 

"This  was  a  proceeding  under  the  act  of  June  6th,  1893, 
to  remove  the  board  of  school  directors  of  Colerian  town- 
ship school  district,  Lancaster  County,  for  neglect  and  re- 
fusal to  provide  suitable  school  houses  within  the  district 
to  accommodate  all  the  school  children  residing  therein. 

"The  court  appointed  an  inspector  as  provided  by  the  act, 
who  took  much  testimony  on  both  sides,  and  in  a  very 
careful  report  finds  that  the  averments  of  the  petition  are 
true.  On  the  report  being  presented  to  the  court  additional 
testimony  was  taken  in  the  shape  of  depositions  ;  the  court 
again  carefully  considered  the  whole  subject,  and  in  an  un- 
answerable opinion  filed  concurred  with  the  inspector. 


72  COMMON    SCHOOL    LAW 

"Then,  an  order  or  removal  was  made,  a  new  board 
appointed,  a  tax  laid  and  a  new  school  house  built.  From 
the  decree  of  removal  we  have  this  appeal  by  the  old  board. 

"The  principal  assignment  of  error  is  an  attack  on  the 
power  of  the  court  under  the  act  of  1893.  We  shall  not  re- 
peat what  we  said  in  Ross's  appeal,  179  Pa.  2;,  and  in 
Kittaning  School  District's  Appeal  179  Pa.  60.  After  a 
careful  consideration  we  adopt  the  construction  of  the  act 
announced  in  these  cases,  and  we  adhere  to  it  now. 

"  Evidently  when  the  legislature  adopted  the  policy  of 
largely  increased  state  appropriations,  it  also  adopted  the 
policy  of  conferring  on  the  state  courts  enlarged  powers  ot 
supervision.  The  millions  of  additional  money  appropri- 
ated were  not  intended  to  lesson  local  taxation,  but  to  in- 
crease the  efficiency  of  the  schools. 

"  The  court  below,  on  ample  testimony,  has  found  the 
facts   warranted  its  decree;  we  would  not  touch  it,  unless 
there  was  a  manifest  error  in  its  findings  or  a  flagrant  abuse 
of  its  discretion."9 
Attorney  fees  cannot  be  taxed  as  costs. 

194.  On  September  8,  1899,  six  taxable  citizens  of  the 
school  district  of  the  borough  of  Alden  presented  a  petition 
to  the  court  of  quarter  sessions  setting  forth  that  the  school 
directors  of  the  said  district  had  neglected  to  perform  their 
duties  as  required  by  law,  asking  the  court  to  declare  their 
seats  vacant  and  appoint  others  in  their  stead. 

On  this  petition  a  citation  was  issued  commanding  the 
directors  to  show  cause  why  their  seats  should  not  be  de- 
clared vacant  and  others  appointed  in  their  stead.  No 
answer  was  made  to  this  citation,  and  on  its  return  the  seats 
of  the  members  of  the  board  were  declared  vacant  and  others 
appointed  in  their  stead,  the  court  making  a  decree  that  the 
costs  of  the  proceeding  should  be  paid  by  the  school  district. 

A  bill  of  costs  was  filed  amounting  to  $42.95,  part  of 
which  was  a  fee  of  $25.00,  for  counsel,  who  conducted  the 
proceedings.  The  school  district  declined  to  pay  the  coun- 
sel fee  of  $25.00,  and  this  rule  was  taken  to  compel  payment. 


9.     Petition  of  Barr,  188  Pa.  122, 


POWER   OF  THE   COURTS   TO   REMOVE   DIRECTORS       73 

The  act  of  assembly  of  May  8,  1854,  P.  L.  618,  under 
which  this  proceeding  was  instituted,  makes  no  provision 
for  the  payment  of  fees.  Without  some  statute  authorizing 
it  none  can  be  allowed.  Commonwealth  vs.  Myers,  170 
Pa.  380. 

No  such  statute  has  been  pointed  out  by  the  petitioners. 
In  re  Incorporation  of  the  Borough  of  Wayne,  7  Del.,  545, 
while  not  exactly  in  point,  decides  the  principle  which 
governs  this  case.  It  is  against  the  contention  of  the  peti- 
tioners. Rule  discharged.10 


10.     In  re  School  District  of  Alden  Borough,  23  Pa.  C.  C.  416,  1900. 


CHAPTER  VIII. 

DIRECTORS — CONTROLLERS   TO   ESTABLISH   SCHOOLS. 

PAGE 

195.  Establish  schools 74 

196.  Discretionary  powers  of  directors 75 

197.  Right  of  children  to  attend  school 75 

198.  No  race  distinction 75 

199.  Children  of  charitable  institutions 76 

200.  Residence  of  pupils 76 

201.  Mechanic  arts.     Athletics 77 

202.  Free  kindergartens 77 

203.  Duty  of  school  directors  to  visit  schools 77 

204.  Annual  report  to  county  superintendent 78 

205.  State  appropriation  forfeited 78 

206.  Power  of  directors  and  controllers  to  establish  grades  of  schools  78 

207.  Regulation  of  grade  and  transfer 78 

208.  Deaf  mute  children.      School  board  to  open  and  maintain  a 

special  school  for  their  education 79 

209.  Expenses  paid  out  of  school  district  funds 79 

210.  Indigent  blind  children.     Expenses  paid  out  of  school  funds...  79 

211.  Extension  of  time 80 

212.  Homes    for    friendless    children.       Powers    of    trustees    and 

managers.     May  petition  court 80 

213.  Contents  of  petition  to  court  of  common  pleas .• 80 

214.  Order  of  court  and  duty  of  county  commissioners 81 

215.  Court  to  appoint  one-third  of  trustees  and  managers 81 

'216.     Duties  of  treasurer 81 

217.  Duty  of  auditors 81 

218.  Admission  of  friendless  children , 82 

219.  Visitors  of  institutions 82 

220.  Acceptance  of  act  and  employment  of  teachers 82 

221.  Admission  of  orphan  and   friendless   children   to   the   public 

schools.     Tuition 83 

222.  Children  of  soldiers 83 

223.  Children  not  to  be  employed  under  certain  age 84 

224.  Employers'  register  and  contents 84 

225.  Affidavit  by  parent  or  guardian 84 

226.  When  affidavit  by  child 84 

227.  Cost  of  affidavit 84 

228.  Qualifications  of  minors  under  sixteen.     Exceptions 84 

229.  Teacher's  certificate 85 

Establish  schools. 

195.  The  board  of  directors  of  every  district,  and  con- 
trollers in  cities  and  boroughs,  shall  possess  and  exercise  the 
following  powers  and  perform  the  following  duties,  together 

with  the  other  powers  and  duties  given  and  enjoined  by 
this  act. 


DIRECTORS CONTROLLERS   TO    ESTABLISH    SCHOOLS     75 

They  shall  establish  a  sufficient  number  of  common 
schools  for  the  education  of  every  individual  between  the 
ages  of  six  and  twenty-one  years,  in  their  respective  districts, 
who  may  apply  for  admission  and  instruction,  either  in  per- 
son or  by  parent,  guardian  or  next  friend.1 
Discretionary  power  of  directors. 

196.  Justice  Williams  said : — "  In  the  performance  of  this 
statutory  duty,  the  school  directors  must  decide,  in  the  exer- 
cise of  their  discretion,  when  a  new  school  house  becomes 
necessary,  and  where  it  should  be  located.     This  discretion 
is    not   an    arbitrary    one,    to    be   exercised     without     re- 
gard to  the  public  convenience ;  but  a  reasonable  one,  to  be 
exercised  in  accordance  with  the  judgment  of  the  school 
directors.     Mistakes   in  judgment   are   not  always    to    be 
avoided,  nor  are  they  to  be  punished  by  a  summary  dis- 
missal of  the  directors  from  office.     The  courts  do  not  super- 
vise the  discretion  of  the  directors  as  to  the  manner  in  which 
their  duties  should  be  performed,  but  they  take  notice  of 
their  refusal  or  neglect  to  perform  them.     Heard  vs.  School 
District,  45  Pa.  93.  "2 

Right  of  children  to  attend  school. 

197.  The  right  of  the  children  of  a  citizen  of  Penn- 
sylvania to  attend  the  public  school  is   not  complete  until 
they  have  complied  with  the  conditions  which  the  legislature 
of  the  state  has  seen  fit  to  impose.3 

No  race  distinction. 

1 98.  It  shall  be  unlawful  for  any  school  director,  sup- 
erintendent or.  teacher  to  make  any  distinction   whatever, 
on  account  of,  or  by  reason  of  the  race  or  color  of  any  pupil 
or  scholar  who    may  be  in  attendance  upon,  or  seeking  ad- 
mission to,  any  public  or  common  school,  maintained  wholly 
or  in  part  under  the  school  laws  of  this  Commonwealth.4 

School  directors  cannot  deny  a  colored  child  admission 
on  account  of  his  color,  to  a  common  school  established  by 


1.  Act  May  8,  1854,  Sec.  23,  P.  L.  621. 

2.  Nicklas's  Petition,  146  Pa.  212,  1892. 

3.  Nisley  vs.  Humnielstown  Borough  School  District,  5  D.  R.  732,  1896. 

4.  Act  June  8,  1881,  Sec.  i,  P.  L.  76 


76  COMMON   SCHOOL   LAW 

them  for  the  separate  instruction   of  white  children,   and 
assign  him  to  a  branch  of  said  school  established  by  them, 
in  a  neighboring  building  for  the    separate  instruction  of 
colored  children.5 
Children  of  charitable  institutions. 

199.  Children  from  other  districts  who  become  inmates 
of  a  charitable  institution  do  not  thereby  require  the  right 
to  free  admission  to  the  public  schools  of  the  township  in 
which  the  institution  is  situated.6 

Residence  of  pupils. 

200.  The  residents  of  one  school  district  are  not  en- 
titled to  free  admisson  to  and  education  in  schools  of  an  ad- 
joining district.     The  taxes  levied  by  a  school  district  are  for 
the  education  of  the  children  of  that  district,   and   are  not 
applicable  to  the  education  of  the  children  of  another  district. 

Mere  physical  presence  of  a  child  in  the  district  is  not 
sufficient  to  give  it  the  right  to  attend  the  common  schools 
of  that  district:  Commonwealth  vs.  Upper  Swatara  Town- 
ship School  District,  164  Pa.  603;  Commonwealth  vs.  Dir- 
ectors Brookville  Boro.  School  District,  164  Pa.  607. 

When  the  question  of  residence  and  right  to  admission 
is  therefore  raised  it  is  for  the  determination  of  the  board 
of  directors  of  the  particular  district.  The  decision  of  the 
board,  after  hearing  and  investigation,  is  quasi  judicial. 

That  a  judge  or  jury  might  reach  a  different  conclusion 
upon  the  evidence  presented  is  of  no  concern. 

As  was  said  by  Mr.  Justice  Clark,  in  McCrea  vs.  Pine 
Township  School  District,  145  Pa.  550: — ".The  board,  by 
the  statute,  is  empowered  both  to  employ  teachers,  and  for 
any  one  of  these  causes  to  dismiss  them.  So,  in  the  case 
at  the  bar,  being  required  by  the  statute  to  establish  a  suffi- 
cient number  of  public  schools  for  the  education  of  every 
individual  between  the  ages  of  six  and  twenty-one  years,  in 
their  respective  districts,  they  are  equally  required  to  pro- 
tect those  schools  from  the  encroachments  of  those  who  are 
not  entitled  to  admission  therein.  It  would  greatly  impair 


5.  Kaine  vs.  Commonwealth,  101  Pa.  490,  1882. 

6.  Commonwealth  vs.  Upper  Swatara  Twp.  School  Dist.  164  Pa.  602,  1894. 


DIRECTORS — CONTROLLERS   TO   ESTABLISH   SCHOOLS    77 

the  government  and  efficiency  of  the  common  schools  if  the 
honest  judgment  and  the  discretion  of  the  board,  exercised 
in  good  faith,  could  be  reviewed  and  reversed  by  a  jury."7 

riechanic  arts.  Athletics. 

201.  In  every  city  of  the  second  class  the  central  board 
of  education,  and  in  every  city  of  the  third  class  the  board 
of  school  controllers,  and  in  every  borough  and  township  of 
the  first  class  the  board  of  school  directors,  shall  have  power 
to  establish  and   maintain  one  or   more    schools  for  the  in- 
struction of  pupils  in  the    useful   branches  of  the  mechanic 
arts,  athletics  and  kindred  subjects,  to  provide  the  necessary 
buildings,  machinery,  apparatus  and  materials,  and  to  emp- 
loy teachers  and  instructors  therefor.8 

Free  kindergartens. 

202.  The  school  directors  or  controllers  of  the  several 
school  districts  of  this  Commonwealth   may   establish   and 
maintain,  out  of  the  public  school  treasury,  free    kindergar- 
tens for  children  between  the  ages  of  three  and  six  years,  re- 
siding in  their  districts,  and  may  co-operate  with  and  assist 
kindergartens  that  have  been  or  may  hereafter  be  established 
by  other  non-sectarian  agencies:  Provided,  however,  That  the 
provisions  of  this  act  shall  not  apply  to  school  districts  in 
which  kindergartens  have  been,  are  now,  or  hereafter  may 
be,  established  and  maintained  by  said  school  district.9 

Duty  of  school  directors  to  visit  schools. 

203.  School  directors  shall  exercise  a  general  super-* 
vision  over  the  schools  of  their  respective  districts,  and  shall, 
by  one  or  more  of  their  number,  visit  every  school  in  the 
district  at  least  once  in  each   month,  and  shall  cause  the 
result  of  such  visit  to  be  entered  on  the  minutes  of  the 
board.10 


7.  Commonwealth  vs.  Wenner,  211  Pa.  637,  1905. 

8.  Act  March  24,  1905,  P.  L.  51. 

9.  Act  April  23,  1901,  P.  L.  93. 

10.  Act  May  8,  1854,  Sec.  23,  P.  L.  621. 


78  COMMON    SCHOOL   LAW 

Annual  report  to  county  superintendent. 

204.  Each  board  of  directors  and  controllers  shall,  an- 
nually, on  or  before  the  first  Monday  in  June,  make  a  report 
to  the  county  superintendent,  setting  forth  the  number  and 
situation  of  the  schools  in  their  district;  the  character  of  the 
teachers,  designating  whether  male  or  female;  the  number 
and  sex  of  the   scholars    admitted    during    the    year;    the 
number  of  months  in  ,the  year  during  which  each  school 
shall  have  been  open;  the  amount  of  school  tax  levied  and 
collected;  the  cost  of  school  houses,  either  for  building, 
renting  or  repairing;  and  all  other  expenses  which  may  have 
been  incurred  in  maintaining  the  schools  in  their  districts; 
together  with  such  other  information  as  may  be  beneficial 
in  forming  a  just  estimate  of  the  operation  of  the  school 
system.11 

State  appropriation  forfeited. 

205.  A  district  failing  altogether  to  forward  its  annual 
report  for  any  school  year  will  forfeit  its  share  of  the  an- 
nual state  appropriation  for  that,  school  year.12 

Power  of  directors  and  controllers  to  establish  grades  of  schools. 

206.  The  directors  and  controllers  of   the  respective 
districts  shall   have  power  to  establish  schools  of  different 
grades,  and  to  determine  into  which  school  each  pupil  shall 
be  admitted.13 

Regulation  of  grade  and  transfers. 

207.  The  regulation  of  the  grade  of  schools  and   the 
transfer  of  a  school  from  one  grade  to  anothei,   are  within 
the  discretion  of  the   board   of  public   education,   and  this 
discretion  will  not  be  reviewed  by  the  courts,   except   in 
cases  of  manifest  abuse.14 


II..  Act  May  8th,  1854,  Sec.  23,  P.  L.  621. 

12.  School  Laws  and  Decisions,  P.  L.  195,  1903. 

13.  Act  May  8,  1854,  Sec.  20,  P.  L.  622. 

14.  Commonwealth  vs.  Jenks,  154  Pa.  368,  1893. 


DIRECTORS — CONTROLLERS   TO   ESTABLISH   SCHOOLS    79 

Deaf  mute  children.  School  board  to  open  and  maintain  a  special 
school   for    their  education. 

208.  The  board  of  school  directors  of  any  school  dis- 
trict within   this   Commonwealth   having  a  population  oi 
more  than  twenty  thousand  inhabitants,  and  having  within 
the  limits  of  the  city   or  township,   in  which  said  school 
district  shall  be,  eight  or  more  deaf  mute  children  of  proper 
age  for  attending  school,  are  hereby  authorized  to  open  and 
maintain  a  special  school  for  the  education  and  training  of 
such  deaf  mutes,  either  in  sign  language  or  in  articulation 
as  to  such  board  of  directors  shall  seem  best  for  such  chil- 
dren.'5 

Expenses  paid  out  of  school  district  funds. 

209.  Any  such  school  so  organized  by  any  such  board 
of  school  directors,  shall   be  a  part  of  the  common  school 
system  of  such   school   district,    and    shall    be   under    the 
control  of  such  board  of  school  directors  in  the  same  man- 
ner as  the  other  schools  in  said  district:  Provided,  the  deaf 
mute  children  may  be  sent  from  any  school  district  in  the 
county  in  which  such  school  shall  be  established,  upon  pay- 
ment, by  such  district,  to  the  treasurer  of  the  school   board 
by  which  such  school  shall  be  maintained,  its  proportionate 
share  of  the  expense  of  maintaining  said  school:   And   pro- 
vided further,  That  the  expense  of  educating  said  deaf  mute 
children  shall  not  exceed  the  sum  of  one  hundred  and  fifty 
dollars  for  each  child  during  any  one  year.16 

Indigent  blind  children.  Expenses  paid  out  of  school  funds. 

210.  The  school    boards    of  this  Commonwealth  are 
hereby  authorized   and   recommended   to  provide  suitable 
apparatus   for   the  instruction   of  indigent  blind  children 
between  the  ages  of  nine  and  thirteen   years,   and   pay  the 
sum  out  of  the  school  fund  as  in  the  case  of  seeing  children, 
the  cost  thereof  not  to  exceed  twelve  dollars  for  each  person 
in  any  one  year.'7 


15.  Act  May  8,  1876,  Sec.  i,  P.  L.  157. 

16.  Act  May  8,  1876,  Sec.  2,  P.  L.  157. 

17.  Act  May  8,  1876,  Sec.  i,  P.  L.  138. 


8O  COMMON   SCHOOL   LAW 

Fxtension  of  time. 

an.  The  time  for  which  indigent  pupils  of  this 
Commonwealth  may  be  taught  in  institutions  for  the  instruc- 
tion of  the  blind,  at  the  expense  of  the  Commonwealth, 
is  hereby  extended  to  twelve  years  from  the  time  of  enter- 
ing said  institution.'8 

Homes  for  friendless  children.    Powers  of  trustees  and  managers. 
May  petition  court. 

212.  The  board  of  trustees  and  the  board  of  managers, 
or  a  majority   of  each    thereof  of  any   school,    commonly 
known  as  a  home  for  friendless  children,  or  institution   for 
the  purpose  of  educating  and  providing  for  friendless,  desti- 
tute   or   vagrant  children,  now  formed,  organized  or  estab- 
lished,   or    that    may    hereafter    be   formed,    organized    or 
established  in  this  Commonwealth,  not  of  a  denominational 
or  sectarian  character,  shall  have  the  right   to   petition   the 
judge  or  judges  of  the  court  of  common  pleas  of  the  county 
in  which  such  school  or  institution  is  located,  asking  for  a 
decree  authorizing  and  directing  the   payment  of  moneys, 
out  of  the  funds   of  said    county,    for   the    education    and 
support  of  the  children  of  said  school  or  institution. I9 

Contents  of  petition  to  court  of  common  pleas. 

213.  Said  petition  shall  set  forth,   under  the  oath  or 
affirmation  of  the  president  of  the  board  of  trustees   and 
the  president  of  the  board  of  managers  of  such   school    or 
institution,  the  number  of  children    cared  for  during  the 
current  year,  the  number  of  children  bound  out  or  appren- 
ticed, and  the  age  and  sex  of  the  same,  the  income  and 
expenditures  of  such  school    or   institution,    the   cost    of 
educating  and  maintaining  the  children  per  capita,  and  such 
other  matter  relative  to  the  wants  and  condition   of  the 
school  or  institution,  and  the  welfare  and  advancement  of 
the  children,  as  the  said  court  may  direct  for  its  inform- 
ation.20 


18.  Act  May  25,  1887,  Sec.  i,  P.  L.  271. 

19.  Act  April  12,  1875,  Sec.  r,  P.  L.  46. 

20.  Act  April  12,  1875,  Sec.  I,  P.  L,.  46. 


DIRECTORS — CONTROLLERS   TO   ESTABLISH   SCHOOLS    8 1 

Order  of  court  and  duty  of  county  commissioners. 

214.  The  court  of  common  pleas  have  the  power,   and 
it  shall  be  their  duty,  on  the  presentation  of  a  petition   as 
provided  for  in  the  preceding  section,  after  full  investigation 
of  the  same,  to  order  and  direct  the   commissioners  of  the 
county  or  city  in  which  such  school  or  institution  is  situate, 
to  pay  to  the  treasurer  of  such  school  or  institution,  out  of 
the  county  funds,  such  sum  or  sums  of  moneys,  and  in  such 
installments  as,  in  the  discretion  of  the  said  court,   may  be 
deemed  just  and  necessary,  and  it  shall  be  the  duty  of  the 
commissioners  to  draw  their  warrants,  upon  the  county  or 
city  treasurer  for  the  payment  of  such   appropriation,   in 
such  manner  and  form  as  shall  be  provided  for  by  the  said 
court.21 

Court  to  appoint  one=third  of  trustees  and  managers. 

215.  The  court  of  common   pleas  shall  appoint  one- 
third  in  number  of  the  trustees  and  managers  of  any  such 
school  or  institution  accepting  the  benefits  of  this  act.22 

Duties  of  treasurer. 

216.  It  shall  require  the  treasurer  of  any  such   school 
or  institution  to  furnish  the  county  or  city  commissioners 
an  itemized  account  of  the  receipts  and   expenditures   of 
such  school  or  institution  at  the  end  of  each  fiscal  year,  and 
to  advertise  the  same  in  not  less   than  two   weekly  news-, 
papers  published  in  the  county,  supporting  any  such  school 
or  institution,  one  insertion    weekly,    for  four   successive 
weeks.23 

Duty  of  auditors. 

217.  It  shall  require  the  county  auditors,  controllers  or 
city  controllers,  of  any  city  or  county,  as  the  case  may  be, 
and  it  shall  be  the  duty  of  said  officers,  to  audit,   settle  and 
adjust  the  accounts  of  said  treasurer,  and   to   make  report 
thereof  to  the  said  court.24 


21.  Act  April  12,  1875,  Sec.  2,  P.  L,.  46. 

22.  Act  April  12,  1875,  Sec.  3,  P.  L-  46. 

23.  Act  April  12,  1875,  Sec.  3,  P.  L.  46. 

24.  Act  April  12,  1875,  Sec.  3,  P.  L.  46. 


82  COMMON   SCHOOL   LAW 

Admission  of  friendless  children. 

2 1 8.  When  any  such  school  or  institution  has  accepted 
the  provisions  of  this  act  and  has  sufficient  building  capacity 
the  management  thereof  shall  admit  to  the  benefits   of  any 
such  school  or  institution  any  friendless,  destitute  or  vag- 
rant child,    recommended  for  admission  by  the  board  of 
school  directors  of  the  school  district  in   which   said   child 
may  reside  or  be  found,  or  by  the  directors  of  the  poor  of 
any  county  in  which  said  school  or  institution   is   located, 
guardians  of  the  poor,  overseers  of  the  poor  or  poor  direct- 
ors, as  the  case  may  be,  of  any  city  or  district   included   in 
said  county;  and  in  case  any    child    is   refused  admission, 
the  said  court  of  common  pleas,  on  complaint  made  thereto 
by  any  person  after  due  and  legal  proof  of  such  refusal,  shall 
enjoin  the  payment  of  moneys  out  of  the  county  funds  as 
authorized  by  this  act;   Provided,  however,   That   no  child 
shall  be  admitted  under  the  age  of  four  nor  above  the  age 
of  sixteen.25 

Visitors  of  institutions. 

219.  The  judges  of  the  court  of  common  pleas  of  the 
several  counties  of  this  Commonwealth  are  hereby   consti- 
tuted and  appointed  ex-officio  visitors  of  any  such  school  or 
institution;  and   the   grand  jury  of  the  court  of  quarter 
sessions  of  the  county  in  which  any  such  school   or  insti- 
tution is  located,  shall,  as  often  as  directed   by  said  court, 
visit,  examine  and  inspect  the  needs  and  management  of 
any  such  school  or  institution,   and  the  condition  of  the 
children  therein,  as  directed  by   the  said  court  and   report 
the  same  to  the  said  court.26 

Acceptance  of  act  and  employment  of  teachers. 

2  20.  The  board  of  trustees  and  the  board  of  managers 
of  any  such  school  or  institutions  desiring  to  accept  the 
provisions  of  this  act,  shall  set  forth  the  same  in  their  first 
petition  presented  to  the  said  court  of  common  pleas,  as 
authorized  in  the  first  section  of  this  act;  no  teacher  shall 

25.  Act  April  12,  1875,  Sec.  4,  P.  L.  46. 

26.  Act  April  12,  1875,  Sec.  5,  P.  L.  46. 


DIRECTORS — CONTROLLERS   TO   ESTABLISH   SCHOOLS    83 

be  employed  in  any  such  school  or  institution  who  has  not 
received  a  valid  certificate  from  the  superintendent  of  the 
schools  of  the  county  in  which  such  school  or  institution 
is  situate.27 


Admission  of  orphan  and  friendless  children  to  the  public  schools. 
Tuition. 

221.  The  school  directors  of  every  school  district  in 
this  Commonwealth  shall  admit  the  inmates  of  any  orphan 
asylum  or  home  for  poor  and   friendless  children,  situated 
in  their  school  district,  to  the  schools  of  the  district,  pro- 
vided   there  is    building    capacity,    upon    the    payment  of 
a  reasonable  tuition  per  capita,  which  tuition  shall  be  fixed 
by  the  superintendent  of  the  schools    in    the   county    in 
which  the  orphan  asylum  or  home  for  poor  and  friendless 
children  is  located,  upon  the  application  of  the  directors  of 
said  school  district,  or  the  managers  of  the  orphan  asylum 
or  home  for  poor  and  friendless  children ;  Provided,  That 
where  said  orphan  asylum,  or  home  for  poor  and  friendless 
children,  is  located  in  a  city,  the  superintendent  of  schools 
in  that  city  shall  fix  the  tuition.28 

Children  of  soldiers. 

222.  The  act  of  assembly  approved  July  2,  1895,  P.  L. 
434,  and  entitled     "  An  act  to  amend  section  r  of  the  act 
of  April  18,  1893,  P.  L.  23,  entitled  'an  act  relative  to  the 
admission  and  instruction  of  children  of  soldiers  of  the  late 
war  of  the  rebellion  in  the  common  schools  of  districts  out- 
side of  those  in   which  their  parents,  guardians  or  others 
entitled  to  their  custody  may  reside '  "  is  unconstitutional 
and  void,  coming  within  the  inhibition  of  section    7,    of 
article    III,    of  the   constitution,    providing   against  class 
legislation.29 


27.  Act  April  12,  1875,  Sec.  6,  P.  L.  46. 

28.  Act  March  22,  1901,  P.  L.  55. 

29.  Sewickley  School  District  vs.  Osburn  School  District,  6  D.  R.  211, 

1897. 


84  COMMON   SCHOOL   LAW 

Children  not  to  be  employed  under  certain  age. 

223.  No  child  under   thirteen  years  of  age  shall    be 
employed  in  any  factory,  manufacturing  or  mercantile  in- 
dustry, laundry,  workshop,  renovating  works  or  printing 
office  within  this  state.30 

Employers'  register  and  contents. 

224.  It  shall  be  the  duty  of  every  person  so    employ- 
ing children  to  keep  a  register  in  which  shall  be  recorded 
the  name,  birthplace,  age  and  residence,  name  of  parent  or 
guardian,  and  date  when  employment  ceases,  of  every  per- 
son so  employed  under  the  age  of  sixteen  years.31 

Affidavit  by  parent  or  guardian. 

225.  And  it  shall  be  unlawful  for  factory,  manufactur- 
ing or  mercantile  industry,   laundry,  workshop,  renovating 
works  or  printing  office,  to  hire  or  employ  any  child  under 
the  age  of  sixteen  years,  without  there  is  first  provided  and 
placed  on  file  an  affidavit  made  by  the  parent  or  guardian, 
stating  the  age,  date  and  place  of  birth  of  said  child.32 

When  affidavit  by  child.  . 

226.  If  said  child    have  no  parent  or  guardian,   then 
such  affidavit  shall  be  made  by  the  child,   which   affidavit 
shall  be  kept  on  file  by  the  employer  and  shall  be  returned 
to  the  child  when  employment  ceases.33 

Cost  of  affidavit. 

227.  And  in  no  case  shall  there  be  a  charge  to    exceed 
twenty-five  cents  for  administering  the  oath  for  the  issuing 
of  the  above  certificate. 

Qualifications  of  minors  under  sixteen.  Exceptions. 

228.  And  after  the  first  day  of  January,    1898,   it  shall 
be  unlawful  for  any  manufacturing  establishment,   mercan- 
tile industry,   laundry,  renovating  works,  printing  office, 


30.  Act  June  14,  1897,  Sec.  2,  P.  L.  144. 

31.  Act  June  14,  1897,  Sec.  2,  P.  L.  149. 

32.  Act  June  14,  1897,  Sec.  2,  P.  L,.  149. 

33.  Act  June  14,  1897,  Sec.  2,  P.  L.  149. 


DIRECTORS — CONTROLLERS   TO   ESTABLISH   SCHOOLS    85 

mechanical  or  other  industrial  establishment  to  employ  any 
minor  under  the  age  of  sixteen  years  who  cannot  read  and 
write  in  the  English  language,  unless  he  presents  a  certi- 
ficate of  having  attended  during  the  preceeding  year,  an 
evening  or  day  school  for  a  period  of  sixteen  weeks.34 

Teacher's  certificate. 

229.  The  certificate  shall  be  signed  by  the  teacher  or 
teachers  of  the  school  or  schools  which  said  minor  attended, 
and  said  register,  affidavit  and  certificates  shall  be  produced 
for  inspection  on  demand  by  the  inspector  or  any  of  the 
deputies  appointed  under  this  act.35 


34.  Act  June  14,  1897,  Sec.  2,  P.  L.  149. 

35.  Act  June  14,  1897,  Sec.  2,  P.  L.  149. 


CHAPTER  IX. 

JOINT  SCHOOLS. 

PAGE 

230.  Establishment  of  joint  schools  of  adjoining  townships 86 

231.  Building  joint  school  house 86 

232.  Establishment  of  joint  schools  of  parts  of  adjoining  counties 

or  townships 87 

233.  Joint  meeting  of  boards  of  directors 87 

234.  School  directors  may  provide  transportation  for  children 87 

235-     When  schools  are  closed  by  reason  of  small  attendance 87 

236.  Application  of  the  act 87 

237.  Cost  of  transportation 88 

238.  Expenses  and  tuition,  how  paid 88 

239.  Directors  shall  not  be  party  to  any  contract 88 

240.  Purpose  of  act 88 

241.  Contract  for  transportation  of  children  under  act  1897 89 

242.  Attending  school  in  adjoining  districts 89 

243.  Discretionary  power  of  school  boards 89 

244.  Discretion  of  directors  reviewable  by  the  courts 91 

245.  Contract  between  districts ,,,.,, 91 

246.  Payment  of  tuition  by  non-resident  pupils 91 

Establishment  of  joint  schools  of  adjoining  townships. 

230.  School  directors  shall    have  power,  with    the  di- 
rectors and  controllers    of  adjoining  districts,    to    establish 
joint  schools,  and  the    expense    shall    be    paid   as    may    be 
agreed  upon  by  the  directors  and  controllers  of  said  district.1 

Building  joint  school  house. 

231.  If  a  house  is  to  be  built  for  a  joint  school  it  should 
belong  to  and  its  management  be  vested    in,   the  board   on 
whose  territory  it   stands,    and    the   board   of  the   district 
should  pay  a  fair  compensation  for  the  privilege  of  sending 
to  it,  with  the  proper  proportion   for  the   teachers'   salary 
and  expenses.     All    agreements    for    the    establishment    of 
joint  schools  should  be  made  for  a  stipulated  length  of  time, 
and  either  of  the  parties  to  such  an  agreement  can  withdraw 
from  it  at  the  expiration  of  that  time.     Directors  have  no 
authority  to  make  an  agreement  for  a  joint  school  that  will 
be  perpetually  binding  upon  their  successors.2 


1.  Act  May  8,  1854,  Sec.  23,  P.  L.  622. 

2.  School  Laws  and  Decisions,  page  117,  1903. 


JOINT   SCHOOLS  87 

Establishment  of  joint  schools  of  parts  of  adjoining  counties  or 
townships. 

232.  It  shall  be  lawful  for  the  boards  of  school  directors 
of  school  districts  of  different  counties  or  townships,  adjoin- 
ing each  other,  to  establish  joint  schools  on  or  near  the 
county  or  township  line  for  parts  of  said  districts,  upon 
petition  of  not  less  than  twenty  taxabjes  of  said  adjoining 
districts,  whenever  by  reason    of  natural    difficulties   and 

distance  from  the  schools  of  said  district  it  becomes  desirable 
and  proper  to  so  establish  the  same.3 
Joint  meeting  of  boards  of  directors. 

233.  The  said  boards  of  directors  for  the  purpose  afore- 
said shall  meet  jointly,  and  are  hereby  empowered  to  exer- 
cise the  same  authority  as  in  case  of  the  establishment   of 
joint  schools  for  districts  of  the  same  county;  all  proceedings 
in  relation  thereto  to  be  spread  at  large  upon  the  minutes 
of  the  respective  boards.4 

School  directors  may  provide  transportation  for  children. 

234.  The  school  directors  of  any  district,  by  the  affirm- 
ative votes  of  a  majority  of  the  board  duly  recorded  on  the 
minutes,  may  provide  transportation   for  the  children,   at 
the  expense  of  their  respective  districts,  to  and  from  any 
school  in  the  district  in  which  the  children  have  their  resi- 
dence, or  of  neighboring  districts.5 

When  schools  are  closed  by  reason  of  small  attendance. 

235.  The  provisions  of  this  act  shall  apply  only  to  the 
pupils  of  schools,  which,  in  the  discretion  of  the  board  of 
school  directors,  have  been  closed  by  reason  of  small  attend- 
ance.6 

Application  of  the  act. 

236.  And  provided  further,  that  it  shall  only  apply 
to  pupils  that  have  a  greater  distance  to  travel  or  are  placed 
at  greater  inconvenience  than   before   such    schools    were 
closed.  7 


3.  Act  June  10,  1881,  Sec.  i,  P.  L.  116. 

4.  Act  June  10,  1881,  Sec.  2,  P.  i,.  116. 

5.  Act  June  22,  1897,  Sec.  i,  P.  L.  181. 

6.  Act  June  22,  1897,  Sec.  I,  P.  I,.  181. 

7.  Act  June  22,  1897,  Sec.  I,  P.  L.  181. 


88  COMMON    SCHOOL    LAW 

Cost  of  transportation. 

237.  The  cost  of  transportation  per  pupil   shall    not 
exceed  the  cost  of  maintaining  per  pupil  the  schools  thus 
closed.8 

Expenses  and  tuition,  how  paid. 

238.  The  expense  incurred  providing  for  transportation 
of  school  children  under  this  act,  and  the  tuition  for  edu- 
cation when  admitted  to  the  schools  of  other  districts,  shall 
be  paid  by  the  treasurer  of  the  district  in  which   the  chil- 
dren have  place  of  residence,  upon  the  order  of  the  school 
board  of  directors.9 

Directors  shall  not  be  party  to  any  contract. 

239.  No  member  of  the  board  or  other  offical  of  the 
township,  borough  or  school  district,  shall  be  a  party  to 
any  contract  or  agreement  with  the  board,  or  receive  any 
renumeration  for  services  rendered  to  the  district  in  con- 
veying children  to  or  from  any  school.10 

Purpose  of  act. 

240.  Judge    L/insay   says: — "That    act   (act  June   22, 
1897)  only  applies  to  schools  that  have  'closed  by  reason 
of  small  attendance.' 

"The  act  was  passed  for  the  purpose  of  authorizing  the 
the  directors  in  their  discretion  to  close  a  school  where 
changes  in  the  neighborhood  had  reduced  it  in  number 
until  it  became  burdensome  to  keep  up  the  school.  In  such 
cases  where  the  school  is  closed,  the  directors  are  author- 
ized to  furnish  transportation  to  scholars  to  other  schools 
where  the  distance  is  too  great  for  them  to  travel.  Again, 
the  law  does  not  authorize  the  schools  directors  to  pay  the 
board  of  pupils.  It  only  authorizes  them  to  pay  transpor- 
tation to  other  schools."11 


8.  Act  June  22,  1897,  Sec.  I,  P.  L  181. 

9.  Act  June  22,  1897,  Sec.  2,  P.  L.  181. 

10.  Act  June  22,  1897,  Sec.  2,  P.  I,.  181. 

11.  Pieffer  vs.  Reno,  29  Pa.  C.  C.  145,  1904. 


JOINT   SCHOOLS  89 

Contract  for  transportation  of  children  under 

Section  2,  act  of  June  22,  1897. 

241.  The  entire- common  school  system  of  this  Com- 
monwealth is  special  and  statutory,  and  in  order  to  create 
any  liability  under  a  contract  provided  for  by  the  common 
school  laws,  the  statutory  requisitions  must  be   complied 
with.12 

Before  a  person  may  recover  for  the  transportation  of 
a  child  to  a  school,  he  must  affirmatively  show  that  the 
school  board  contracted  for  such  transportation  by  the 
affirmative  votes  of  a  majority  of  the  board,  duly  recorded 
on  the  minutes  of  the  board.13 

Attending  school  in  adjoining  districts. 

242.  If  it  shall  be  found,  that  on  account  of  the  great 
distance  from  or  difficulty  of  access  to  the  proper  school 
house  in  any  district  some  of  the  pupils  thereof  could   be 
more  conveniently  accommodated  in  the  schools  of  an  adjoin- 
ing district,  it  shall  be  the  duty  of  the  directors  or  con- 
trollers of  such  adjoining  districts  to  make  an  arrangement 
by  which  such  pupils  may  be  instructed  in  the  most  con- 
venient school  of  the  adjoining  district;  and  the  expenses 
of  such  instructions  shall  be  paid,  as  may  be  agreed  upon 
by  the  directors  or  controllers  of  such  adjoining  districts 
by  resolution  or  agreement  entered  upon  the  minutes  of  the 
respective  boards.14 

Discretionary  power  of  school  boards. 

243.  Chief  Justice  Lowrie  said: — "The  school  law  does 
not  leave  the  directors  without  any  discretion  relative  to 
sending  children  to  the  schools  of  an  adjoining  district,  and 
does  not  seriously  impair  the  district  division.     Each  board 
has  express  discretion  relative  to    the   school    within    the 
district  which  each  pupil  shall  attend;  and  it  would  be  quite 
absurd  to  leave  them  without  it,   when  there  is  a  nearer 
school  in  an  adjoining  district  to  which  the  pupil  wishes  to 
go- 


12.  Cascade  School  Dist.  vs.  Lewis  School  Dist.,  43  Pa.  318,  1862. 

13.  Boyle  vs.  Summit  Twp.  School  Dist.,  28  Pa.  C.  C.  351,  1903. 

14.  Act  May  8,  1854,  Sec.  23,  P.  L. 


90  COMMON   SCHOOL   LAW 

"There  must  be  great  distance  and  great  difficulty  of 
access  to  the  schools  of  the  district,  before  there  can  be  any 
right  to  ask  to  be  sent  to  a  more  convenient  school  of  an 
adjoining  district;  and  it  seems  to  us  that  there  is  nothing 
pf  the  kind  here.  Whether  the  distance  or  difficulty  of 
access  is  to  be  regarded  as  great  or  not,  depends  much  upon 
circumstances,— such  as  the  age  of  the  children,  the  density 
of  the  population,  and  the  customs  of  the  locality,  and  there- 
fore must  be  left  in  a  great  degree,  to  the  discretion  of  the 
directors;  and  of  course  their  abuse  of  this  discretion  must 
be  very  clear  before  they  can  be  adjudged  guilty  of  official 
misconduct.  We  must  be  liberal  and  generous  towards 
this  discretion,  in  reviewing  the  exercise  of  it;  for  a  strict 
and  jealous  supervision  would  be  fatal  to  the  discretion  it- 
self. We  must  not  interpret  the  law  so  as  to  keep  the 
directors  in  perpetual  fear  of  the  courts,  nor  so  as  to  set 
them  to  guard  against  this  law,  by  so  arranging  their 
school  houses  around  the  district,  that  few  or  none  can  have 
the  chance  of  claiming  that  any  school  of  an  adjoining 
district  is  more  convenient. 

"We  think  that  the  dismissal  of  the  plan  tiff's  petition  is 
fully  justified  by  the  reason  assigned  by  the  learned  pres- 
ident of  the  sessions.  It  is  well  for  the  school  system,  for 
the  peace  of  the  neighborhoods,  and  for  the  securing  or 
discreet  men  for  directors,  that  he  has  so  treated  the  case  as 
to  warn  men  that  they  must  be  cautious  in  attempting  to 
get  the  courts  to  interfere  with  the  discretion  of  the  school 
directors. 

"  Honorable  and  trustworthy  men  will  not  accept  public 
positions,  if  they  understand  it  to  be  the  rule  that  all  their 
official  acts  are  subject  to  a  suspicious  supervision  by  the 
people,  or  by  their  official  superiors.  Real  worth  is  gener- 
ous in  its  judgment  and  treatment  of  others,  and  will  al- 
ways expect  the  same  for  itself;  and  will  resent  the  contrary 
by  refusing  all  functions  that  are  subject  to  it."15 

15.     Freeman  vs.  School  Directors,  37  Pa.  386,  1860. 

In  re  East  Hopewell  Twp.  Sch.  Dist.,  7  D.  R.  177,  1898. 

Patterson  vs.  School  Directors  of  Cecil  Twp.,  24  Pa.  C.  C.  574,  1901. 

Commonwealth  vs.  Penns  Twp.  School  Dist.,  31  Pa.  C.  C.  552,  1904. 


JOINT   SCHOOLS  91 

Discretion  of  directors  reviewable  by  the  courts. 

244.  Under  the  act  of  May    8,    1854,    the    discretion 
vested    in    directors    to    make    an    arrangement    whereby 
scholars   may  attend  a  school  in    an    adjacent   district    is 
reviewable  by  the  court,  and  if  it  be  shown  that  petitioners' 
children  have  nearly  one  and  one-fourth  miles  farther  to 
travel  to  reach  the  school  house  in  their   proper   district 
than  to  reach  the  school  house  in  an  adjacent  district,  and 
are  of  very  tender  years,  the  court  will  interfere  and  make 
an  order  requiring  directors  to  enter  into  an  arrangement 
whereby  they  may  attend  school  in  the  adjacent  district.16 

Contract  between  districts. 

245.  The  Supreme  Court  said: — "The  whole  system  of 
common  schools  is  special  and  statutory.     If  one  district 
is  to  be  charged  with  the  expense  of  educating  the  children 
of  an  adjoining  district,  it  must  be  done  in  the  manner  the 
statute  prescribes.     It  must  be  done  in  pursuance   of  an 
'arrangement'    between     the   directors    of    the    respective 
districts,  and  that  arrangement  must  be  by  '  resolution  or 
agreement ',    and    the   resolution    or   agreement   must   be 
entered  upon  the  '  minutes  of  the  respective  boards.' 

"  Out  of  nothing  less  than  this  can  pecuniary  liability 
for  such  service  result.  Regular  official  action,  evidenced 
by  official  minutes,  is  what  the  statute  requires  to  ground 
such  action  as  the  present,  and  because  it  is  a  statutory 
requisition,  all  equities  and  implied  liabilities  are  excluded. 

"In  this  case  that  was  not  done."17 

Payment  of  tuition  by  non-resident  pupils. 

246.  A  promise  by  a  non-resident  parent    to    pay   a 
school    district   for  the    tuition    of  his   children    may    be 
enforced,  although  a  charge  for  such  tuition  could  not  be 
enforced  in  the  absence  of  such  promise.18 


16.  Young  vs.  Pymatuning  Twp.  School  Dirt. ,  14  D.  R.  773,  1905. 

17.  Cascade  School  District  vs.  Lewis  School  District,  43  Pa.  318,  1862. 

18.  Westfield  Borough  Sch.  Dist.  vs.  Dillman,  22  Pa.  C.  C.  567. 


CHAPTER  X. 

PUBLIC  HIGH  SCHOOLS. 

PAGE 

247.  Public  schools  in  cities  or  boroughs  with  a  population  of  5000 

or  over.     Powers  of  controllers  and  directors 92 

248.  They  may  establish  a  public  high  school.     Admission  93 

249.  Supervision  over  teachers  and  pupils 93 

250.  Visitation 93 

251.  Branches  to  be  taught  and  books  used 93 

252.  Qualifications  of  teachers 93 

253.  Maximum  length  of  term.     Payment  of  expenses 94 

254.  Power  to  hold  or  convey  real  estate 94 

255-     Grounds  and  buildings 94 

256.  Site.     How  procured 94 

257.  Councils   shall   levy  tax.     Levying   of  tax   in   boroughs   not 

divided  into  wards 96 

258.  May  borrow  money  and  issue  bonds  therefor 96 

259.  Public  high  school  in  any  school  district • 97 

260.  Joint  high  schools 97 

261.  Grades  of  high  schools 97 

262.  Annual  appropriation 97 

263.  Employment  of  teachers 98 

264.  Sworn  statements  to  superintendent  of  public  instruction 98 

265.  Supervision  of  high  school 99 

266.  Approval  of  courses  of  study 99 

267.  Centralization  of  township  schools  and  provision  for  township 

high  schools.     Definition  of  "centralization" 99 

268.  Petition  and  duty  of  school  board 99 

269.  Elections  and  ballots loo 

270.  Issuing  of  bonds 100 

271.  Course  of  instruction  and  transportaion  of  pupils 100 

272.  When  children  may  attend  high  school  in  another  district 101 

273.  Children  may  attend  higher  grades  in  other  districts 101 

Public  high  schools  in  cities  or  boroughs  with  a  population  of  5000 
or  over.    Powers  of  controller  and  directors. 

247.  The  board  of  controllers  or  directors  of  school 
districts  which  are  composed  of  cities  or  boroughs  divided 
into  wards  for  school  purposes,  or  boroughs  not  divided 
into  wards  for  school  purposes,  having  a  population  of  five 
thousand  or  over,  shall,  in  addition  to  the  powers  and  duties 
confered  or  enjoined  by  the  act  of  the  eighth  day  of  May, 
one  thousand  eight  hundred  and  fifty-four,  and  the  supple- 
ments thereto,  possess  the  following  powers  and  perform 
the  following  duties. — T 


i.     Act  May  26,  1893,  Sec.  I,  P.  L.  146. 


PUBLIC   HIGH   SCHOOLS  93 

They  may  establish  a  public  high  school.    Admission. 

248.  They  shall  admit  to  said  public  high  school  all 
children  under  the  age  of  twenty-one  years  residing  within 
said  school  district,   who  shall  be  found  qualified  for   ad- 
mission thereto  after  having  undergone  such  an  examin- 
ation as  shall  be  prescribed  by  the  said  board  of  directors  or 
controllers:  Provided,  Said  board  of  controllers  or  directors 
shall  have  power  to  prescribe  the  terms  upon  which  other 
children  than  those  residing  in  the  said  district  shall   be 
allowed  to  attend  said  public  high  school.2 

Supervision  over  teachers  and  pupils. 

249.  They  shall  exercise  a  general   supervision    over 
said  public  high  school,  appoint  all  the  teachers  therefor, 
fix  the  amount  of  their  salaries,  and    shall    have   power   to 
dismiss  any  teacher  at  any  time  for  incompetency,  cruelty, 
negligence,  immorality,  or  other  cause;  they  may  suspend 
or  expel  from  said  school  all  pupils   found  guilty,   on  full 
examination  and  hearing,  of  refactory  or  incorrigible  bad 
conduct,  and  shall  have  power  to  make  all  proper  regulations 
and  rules  for  the  government  and  discipline  of  said  school.3 

Visitation. 

250.  Said  board  of  controllers  or  directors  shall  visit 
said  public  high  school,  by  at  least  one  of  their  number,  at 
least  once  in  each  week  and  cause  the  result  of  such  visit 
to  be  entered  on  the  minutes  of  said  board  of  controllers.4 

Branches  to  be  taught  and  books  used. 

251.  They  shall  direct  what  branches  of  learning  shall 
be  taught  and  what  books  shall  be  used  in  said  public  high 
school.5 

Qualifications  of  teachers. 

252.  The  said  board  of  controllers  or  directors  shall 
not  employ  any  person  as  teacher  in  said  public  high  school 


2.  Act  May  26,  1895.  Sec.  2,  P.  L.  146. 

3.  Act  May  26,  1893,  Sec.  3,  P.  L,.  146. 

4.  Act  May  26,  1893,  Sec.  4,  P.  L,.  146. 

5.  Act  May  26,  1893,  Sec.  5,  P.  L.  146. 


94  COMMON   SCHOOL   LAW 

unless  such  person  shall  produce  a  certificate  as  would  en- 
title hi  in  or  her  to  teach  in  the  ward  schools,  which  certifi- 
cate shall  set  forth  the  branches  of  learning  the  holder 
thereof  is  qualified  to  teach,  and  provided  no  teacher  shall 
be  employed  in  teaching  any  branch  of  learning  other  than 
those  enumerated  in  his  or  her  certificate.6 

Maximum  length  of  term.     Payment  of  expenses. 

253.  The  said  board  of  controllers  or  directors    shall 
maintain  and  operate  said  public  high  school,  not  exceeding 
ten  months  in  each  year,  and  shall  pay  all  the  necessary 
expenses  thereof  by  drafts  on  the  treasurer  of  said  board 
signed  by  the  president  and  attested  by  the  secretary  there- 
of^ 

Power  to  hold  or  convey  real  estate. 

254.  They  shall  have  power  to  purchase,  procure  and 
hold  such  real  and  personal  property  as  may  be  necessary 
for  the  establishment  and  support  of  said  public  high  school, 
and  the  same  to  sell,  alien  and  dispose  of,  when  no  longer 
necessary  for  the  purpose   aforesaid:    Provided,    Said    real 
estate  shall  not  exceed  one  hundred  thousand  dollars.8 

Grounds  and  buildings. 

255.  They  shall  cause  suitable  lots  of  ground  to    be 
procured  and  suitable  buildings  to  be  erected  thereon  for 
the  accommodation  of  said  public  high  school,  and  shall 
keep  the  same  in  repair,  and  shall  cause  to  be  rented   a 
suitable  building  for  the  temporary  accommodation  of  said 
public  high  school  until  a  suitable,    permanent    building 
can  be  obtained.9 

Site.     How  procured. 

256.  Whenever  said  board  of  controllers  or  directors 
shall  be  unable  to  procure  an  eligible  site  for  the  erection 
of  said  public  high  school  by  the  owner  or  owners  of  the 


6.  Act  May  26,  1893,  Sec.  6,  P.  L,.  146. 

7.  Act  May  26,  1893,  Sec.  7,  P.  L.  146. 

8.  Act  May  26,  1893,  Sec.  8,  P.  L.  146. 

9.  Act  May  26,  1893,  Sec  9,  P.  I,.  146. 


PUBLIC   HIGH   SCHOOLS  95 

land,  it  shall  and  may  be  lawful  tor  said  board  of  controllers 
or  directors  to  enter  upon  and  occupy  sufficient  ground  for 
such  purpose,  but  before  doing  so,  said  board  of  controllers 
or  directors  shall  tender  to  such  owner  or  owners  the  bond 
of  said  school  district  conditioned  for  the  payment  of  the 
damages  suffered  by  said  owner  or  owners  by  reason  of  such 
entry  and  occupancy  when  finally  ascertained;  if  the  owner 
refuse  to  accept  said  bond,  or  cannot  be  found,  or  is  not  sui 
juris,  the  same  shall  then  be  presented  to  the  court  of  com- 
mon pleas  of  the  proper  county  for  its  approval,  after  no- 
tice to  the  property  owner  by  advertisement  in  a  newspaper 
of  said  county  at  least  once  a  week  for  three  weeks.  Upon 
the  approval  of  said  bond,  and  its  being  filed,  the  right  of 
said  board  of  controllers  or  directors  to  enter  upon  said 
land  Shall  be  complete.  Either  said  board  of  controllers  or 
directors,  or  said  owner  or  owners  of  said  land  may,  with- 
in twenty  days  from  the  approval  ol  said  bond,  apply  by 
petition  to  the  court  of  common  pleas  of  the  proper  county 
tor  the  appointment  of  viewers,  and  thereupon  said  court 
shall  appoint  three  disinterested  citizens  of  said  county,  and 
not  owners  of  property  or  residents  in  said  district,  and  ap- 
point a  time  not  less  than  twenty  or  more  than  thiity  days 
thereafter,  when  said  viewers  shall  meet  upon  aud  view  said 
premises,  of  the  time  of  which  meeting  ten  days'  notice 
shall  be  given  to  the  viewers  and  the  opposite  party,  and 
the  said  viewers,  .or  any  two  of  them,  having  been  first  duly 
sworn  or  affirmed  faithfully,  justly  and  impartially  to  de- 
cide and  a  true  report  to  make  concerning  all  matters  and 
things  to  be  submitted  to  them,  and  having  viewed  the 
premises,  and  having  made  a  just  and  fair  computation  of 
the  advantages  and  disadvantages,  shall  estimate  and  deter- 
mine whether  any,  and  if  any,  what  amount  of  damages 
has  been  or  may  be  sustained,  and  to  whom  payable,  and 
make  report  thereof  to  said  court,  and  when  the  damages 
are  finally  ascertained,  either  by  the  confirmation  of  said 
report  by  the  court,  or  the  verdict  of  the  jury,  judgment 
shall  be  entered  thereon,  and  if  the  amount  thereof  shall 
not  be  paid  within  thirty  days  from  the  entry  of  such  judg- 
ment, execution  may  issue  thereon  as  in  other  cases  of 


96  COMMON   SCHOOL   LAW 

judgments  against  school  districts,  and  such  viewers  shall 
each  be  entitled  to  the  sum  of  one  dollar  and  fifty  cents  for 
each  day  necessarily  employed  in  the  performance  of  the 
duties  herein  prescribed,  to  be  paid  by  the  school  district.10 

Councils  shall  levy  tax.     Levying  of  tax  in  boroughs  not  divided 
into  wards. 

257.  The    councils   of   any  such    city   or    boroughs 
divided  into  wards  for  school  purposes  referred  to  in  the  first 
section  of  this  act,  shall  at  any  time,  not  oftener  than  once 
in  each  school  year,  levy  a  special  tax  for  such  amount  as 
the  said  board  of  controllers  or  directors  may  by  resolution 
duly  passed  fix  and  determine,  to  be  called,  "The  public 
high  school  building  tax,"  not  exceeding  the  amount  of 
one  mill  in  any  one  year;  boroughs  not  divided  into  wards 
for  school  purposes  mentioned  in  this  act  shall  levy"  and 
collect  said  high  school  tax  as  they  levy  and  collect  other 
school  tax,  without  the  intervention  of  the  borough  council 
aforesaid,  to  be  applied  solely  to  the  purpose  of  purchasing 
or  paying  for  the  ground  and  the  erection  of  a  school  build- 
ing thereon  and  the  repair  of  the  same,  which  tax  shall  be 
levied  and  collected  at  the  same  time   and    in    the    same 
manner  and  with  like  authority  as  other  tax  are  levied  and 
collected  for  school  purposes  in  the  respective  districts  to 
which  this  act  shall  apply.11 

May  borrow  money  and  issue  bonds  therefor. 

258.  That  for   the   purpose   of  erecting   such    school 
building  or  purchasing  or  procuring  grounds  whereon  to 
erect  such  school  buildings  as  provided  by  this  act,  it  shall 
be  lawful  for  said  board  of  controllers  or  directors  to  borrow 
money  at  a  rate  of  interest  not  exceeding  six  per  centum, 
and  issue  bonds  therefor,  in  sums  not  less  than  one  hundred 
dollars,  which  bonds  may  be  registered  in  such  manner  as 
the  said  board  of  controllers  or  directors  may  hereafter  pro- 
vide:    Provided,  That   this  act   shall  not  apply  to  school 
districts  governed  by  special  act  of  assembly.12 


10.  Act  May  26,  1893,  Sec.  10,  P.  L.  146. 

11.  Act  May  26,  1893,  Sec.  n,  P.  L.  146. 

12.  Act  May  26,  1893,  Sec.  12,  P.  L.  146. 


PUBLIC   HIGH   SCHOOLS  97 

Public  high  school  in  any  school  district. 

259.  The  directors  or  controllers  of  any  school  district 
may  establish  a  public  high  school,  and  the  state  superin- 
tendent of  public  instruction  shall  prescribe  a  uniform 
course  of  instruction  which  shall  be  taught  in  the  high 
schools  of  each  grade.13 

Joint  high  schools. 

260  The  directors  of  any  two  or  more  townships  or 
districts  shall  have  power  to  establish  joint  high  schools, 
and  the  expense  shall  be  paid  as  may  be  agreed  upon  by  the 
directors  or  controllers  of  said  districts,  who  shall  meet 
jointly  as  often  as  may  be  necessary  for  the  transaction  of 
business  pertaining  to  the  joint  high  schools  under  their 
jurisdiction,  and  all  proceedings  in  relation  thereto  shall  be 
spread  at  large  upon  the  minutes  of  the  respective  boards.14 

Grades  of  high  schools. 

261.  A  high  school  maintaining  four  years  of  study 
beyond  the  branches  or  learning  prescribed  to  be  taught  in 
the  common  schools  and  called  the  common  branches  shall 
be  known  as  a  high  school  of  the  first  grade;   a  high  school 
maintaining   three    years    of   study    beyond    the    common 
branches  shall  be  known  as  a  high  school  of  the  second 
grade;  and  high  schools  maintaining  two  years  of  study  be- 
yond the  common   branches    shall    be    known    as  a    high 
school   of  the   third   grade:    Provided,    That   the   reviews 
necessary  for  the  prosecution  of  high  school  studies  shall 
not  be  excluded    from   the    estimate    of  the    year's    study 
beyond  the  common  branches.'5 

Annual  appropriation. 

262.  From  the  annual  appropriation  in  aid   of  high 
schools,  a  high  school  of  the  first  grade  shall   receive  each 
year  a  sum  not  exceeding  eight  hundred  dollars,  a  high 
school  of  the  second  grade  a  sum  not  exceeding  six  hun- 
dred dollars,  a  high  school  of  the  third  grade  a  sum  not 


13.  Act  June  28,  1895,  Sec.  i,  P.  L.  413. 

14.  Act  June  28,  1895,  Sec.  2,  P.  L-  413. 

15.  Act  June  28,  1895,  Sec.  3,  P.  L.  413. 


98  COMMON   SCHOOL   LAW 

exceeding  four  hundred  dollars.  If  the  appropriation  is 
insufficient  to  pay  the  above  amounts  to  the  several  high 
schools,  then  the  appropriation  shall  be  distributed  to  the 
schools  of  the  respective  grades  in  such  a  manner  that 
each  school  shall  receive  a  sum  proportional  to  the  number 
of  years  of  advanced  study  maintained  in  its  course  or 
courses  of  instruction:  Provided,  That  any  high  school 
established  at  the  fall  opening  of  the  school  year  beginning 
on  the  first  Monday  of  June,  one  thousand  eight  hundred 
and  ninety-five,  shall  be  paid  at  the  end  of  the  year  as  a 
high  school  of  the  third  grade.16 

Employment  of  teachers. 

263.  The   directors    or   controllers    of  every    district 
receiving  aid  in  accordance  with  section  four  of  this  act 
shall  employ  for  said  high  school  at  least  one  teacher  legal- 
ly certified  to  teach  book-keeping,  civics,  general  history, 
algebra,  geometry,  trigonometry,  including  plane  surveying, 
rhetoric,  English  literature,  Latin,  including  Caesar,  Virgil 
and  Cicero,  and  the  elements  of  physics,  chemistry,  includ- 
ing the  chemistry  of  soils,  botany,  geology  and  zoology, 
including  etomology,  and  no  teacher  shall  be  employed  to 
teach  any  branch  or  branches  of  learning  other  than  those 
enumerated  in  his  or  her  certificate.17 

Sworn  statements  to  superintendent  of  public  instruction. 

264.  The   directors   or   controllers   of  every     district 
establishing  a  high  school  and  receiving  state  aid  in  sup- 
port ol  said  high  school  shall,  before  the  first  day  of  Sep- 
tember following  the  close  of  each  school  year,  make  to  the 
superintendent    of  public    instruction    sworn   statements 
giving  full    information    concerning   the   teachers,    classes 
and  courses  of  study    of  every    high    school    under   their 
jurisdiction.18 


16.  Act  June  28,  1895,  Sec.  4,  P.  L.  413. 

17.  Act  June  28,  1895,  Sec.  5,  P.  L.  413- 

18.  Act  Junt  28,  1895,  Sec.  6,  P.  L.  413. 


PUBLIC   HIGH   SCHOOLS  99 

Supervision  of  high  school. 

265.  High  schools  established  in  accordance  with  this 
act  of  assembly  shall  be  under  the  supervision  of  the  super- 
intendent of  the  city,  borough  or  county  in  which  they  are 
situated.19 

Approval  of  courses  of  study. 

266.  The  courses  of  study  in    high    schools   receiving 
state  aid  shall  be  subject  to  the  approval  of  the  superinten- 
dent of  public  instruction.20 

Centralization  of   township    schools  and  provision  for  township 
high  schools.    Definition  of  "Centralization." 

267.  The  word,  "centralization"  is  hereby  denned  as 
a   system    of  schools    in    a   township,     providing  for   the 
abolishment  of  all  sub-districts,  and  the  conveyance  of  pu- 
pils to  one  or  more  central  schools.21 

Petition  and  duty  of  school  board. 

268.  A  township  board  of  school  directors,  upon  the 
petition  of  a  majority  of  the  qualified  electors  representing 
or  owning  property  to  the  amount  of  not  less  than  one- 
fourth  of  the  assessed  valuation  of  such  township  district, 
must  submit  such  question  to  a  vote  of  the  qualified  elec- 
tors of  such  township  district,  and  if  more  votes  are  cast  in 
favor  of  centralization  than  against  it  at  such  election,  it  shall 
then  become  the  duty  of  the  board  of  school  directors,  and 
such  board  of  school  directors  is  required,   to  proceed    at 
once  to  the  centralization  of  the  schools  of  the  township, 
and    if    necessary    purchase   a    site     or    sites    and   erect 
a  suitable  building  or  buildings  thereon  :  Provided,  That  if 
at  the  said  election  more  votes  are  cast  against  the  propo- 
sition for  centralization  than  for  it,  the  question  shall  not 
again  be  submitted  to  the  electors  of  said  township  for  a 
period  of  two  years.22 


19.  Act  June  28,  1895,  Sec.  7,   P.  L,.  413. 

20.  Act  June  28,  1895,  Sec.  8,  P.  L.  413. 
"T.  Act  April  25,  1901,  Sec.  i,  P.  L.  105. 

i.  Act  April  25,  1901,  Sec.  2,  P.  I/.  105. 


21 
22 


IOO  COMMON   SCHOOL   LAW 

Elections  and  ballots. 

269.  All  elections  ordered  by  a  board  of  school  direc- 
tors, in  pursuance  of  section  2  of  this  act,  shall  be  held  at 
the  usual  place  or  places  of  holding  township  elections  at  a 
regular  election,  and  notice  shall  be  given  and  the  election 
conducted  in  all  respects  as  provided  by  law  for  the  election 
of  township   officers,    and  the  ballots    shall   have   printed 
thereon  :    For  centralization— Yes,    For  centralization-No.23 

Issuing  of  bonds. 

270.  Should  the  board  of   school  directors  deem  it 
necessary  to  issue  bonds  to  purchase  a  site  or  sites,  or  erect 
a  building  or  buildings,  for  the  purpose  of  such  centraliza- 
tion, then  the  election  shall  be  conducted  as  provided   in 
section  3  of  this  act,  but  in  such  cases  the  ballots  shall  also 
have   printed    thereon  :     For   levying   a   tax    to   purchase 

site  (or  sites)  and  erect (building  or  buildings)  for 

the   centralization    of    schools,    at    a   cost   not  to   exceed 

$ Yes,  for  levying  a  tax  to  purchase site 

(or  sites)  and  erect building  (or  buildings)    for 

the   centralization    of    schools,    at   a   cost  not    to    exceed 
$ No  ;  and  if  more  votes  are  cast  in  favor  of  levy- 
ing said  tax  for  said  purpose  than  against  said  proposition 
at  such  election,  it  shall  be  the  duty  of  the  said  board   of 
school     directors,  and    the  board     of    school  directors  is 
authorized,  to  issue  bonds  and  sell  the  same  as  provided  by 
law,  and  to  levy  a  special  tax  to  provide  for  the  payment  of 
the  same,  together  with  interest  thereon,  provided  said  levy 
shall  not  in  any  one  year  exceed  five  mills   on  the  dollar 
valuation,  and  said  bonds  shall  not  bear  more  than  five  per 
centum  interest,  and  shall  not  be  sold  at  less  than  their  face 
value.24 

Course  of  Instruction  and  transportation  of  pupils. 

271.  In  a  township  in   which   proceedings  have   been 
had  under  the  preceding  sections  of  this  act  and  the  vote 
has  been  favorable  for  centralization,  the  board  of  school 


23 
24 


i.     Act  April  25,  1901,  Sec.  3,  P.  L.  105. 
\.     Act  April  25,  1901,  Sec.  4,  P.  L.  105. 


PUBLIC   HIGH   SCHOOLS  IOI 

directors  are  required  to  maintain  and  support  a  graded 
course  of  instruction,  and  may  include  a  high  school  course 
of  not  less  than  two  years  ;  they  are  also  required  to 
furnish  transportation  to  and  from  school  to  all  pupils  liv- 
ing more  than  three-fourths  of  a  mile  from  the  central 
building,  said  distance  to  be  measured  fiom  the  enclosure 
immediately  surrounding  their  residence  to  the  school 
house  property,  along  the  nearest  public  highway  :  Pro- 
vided, That  no  such  school  shall  be  abolished  or  discontinu- 
ed in  any  sub-district  where,  on  account  of  the  geography 
of  the  district,  it  is  impracticable  for  the  piipils  to  be  con- 
veyed to  the  school  established  at  the  point  of  centraliza- 
tion.^ 

When  children  may  attend  high  school  in  another  district. 

272.  Children  residing  in  the  school  districts  in  which 
no  public  high  school  is   maintained,   may  attend  a  high 
school   in  some  other  district,   located  near  their  homes; 
provided  the  consent  of  the  directors  of  the  district  in  which 
said  high   school   is  located  be  first  obtained;  the  cost  of 
tuition  and  school-books,  which  shall  not  exceed   that  of 
the  tuition  and  school-books  of  children  in  the  same  grades 
or  courses  in  the  district  maintaining  such   high  school, 
shall  be  paid  to  the  district  receiving  such  children,   out  of 
the  moneys  raised  by  taxation  for  public  school  purposes  in 
the  district  in  which  said  children  reside:    Provided,  That, 
before  admission  to  a  high  school,  such  pupil  shall  be  ex- 
amined and  found  qualified  for  high  school  work,  by  the 
principal  of  such  high  school.26 

Children  may  attend  higher  grades  in  other  districts. 

273.  Children  residing  in  school  districts  in  which  graded 
public  schools,  or  graded  courses  of  study,  are  or  hereafter 
may  be  maintained,  may  attend  the  public  high  schools    of 
higher  grades  or  courses  of  study,  including  high  schools, 


25.  Act  April  25,  1901,  Sec.  5,  P.  L.  105, 
Amended  by  Act  June  26,  1901,  P.  I,.  600. 

26.  Act  March  16,  1905,  Sec.  I,  P.  L.  40. 


102  COMMON   SCHOOL   LAW 

in  other  districts;  the  cost  of  tuition,  which  shall  not  ex- 
ceed that  of  the  tuition  of  children  in  the  same  grade  or 
courses  in  the  districts  maintaining  said  higher  grades  or 
courses  and  high  schools,  to  be  paid  the  districts  receiving 
such  children,  out  of  the  money  raised  by  taxation  for  com- 
mon or  public  school  purposes  in  the  districts  in  which 
said  children  reside:  Provided,  however,  That  such  attend- 
ance shall  not  begin  until  after  provision  for  the  same,  and 
its  duration,  and  for  the  expense  of  tuition  according  to  the 
foregoing  restrictions,  has  been  made  by  the  boards  of  direct- 
ors of  the  districts  interested,  by  security  as  required  by 
existing  laws.27 


27.     Act  April  3,  1903,  Sec.  i,  P.  L.  153. 


CHAPTER  XL 

EVENING  SCHOOLS. 

PAGE 

274.  Establishment 103 

275.  Employ  teachers 103 

276.  Qualifications  of  teachers 104 

277.  Expenses 104 

278.  Evening  high  schools  may  be  established 104 

279.  Admittance 104 

280.  Procedure  on  refusal  to  establish  evening  high  schools 104 

281.  When  to  take  effect 105 

282.  Additional  teachers 105 

283.  Petition  for  schools 105 

284.  Night  schools  for  manual  training  of  children 107 

Establishment. 

274.  It  shall  be  the  duty  of  the  board  of  school  direct- 
ors or  school   controllers  of  any   school   district   in   this 
Commonwealth,  upon  the   application    of  the   parents    of 
twenty  or  more  pupils,  above  the  age  of  six  years,  residents 
of  said  school  district,  to  open  a  free  evening  school  for 
their  tuition   in  orthography,  reading,  writing,  arithmetic 
and  such  other  branches  as  may  be  deemed  advisable,  and 
to  keep  open  said  schools  for  a  term  of  not  less  than  four 
months  in  each  year,  each  of  the  said  months  to  consist  of 
twenty  days,  and  each  of  said  days  an  evening  session  of  at 
least  two  hours:  Provided,  however,  That  when  the  average 
daily  attendance  for  one  month  falls  below  fifteen    daily, 
said  board  of  school  directors  or  school  controllers  may,  at 
their  option,  close  said  evening  school  for  the  remainder  of 
said  term.1 

Employ  teachers. 

275.  Upon  such  application,  the  board  of  school  di- 
rectors or  school  controllers  shall  proceed,  without  unnecess- 
ary delay,  to  hire  a  competent  teacher,  and  open  said  even- 
ing school  in  a  convenient  location:    Provided,    however, 
That  two  or  more  contiguous  school  districts  may,  at  any 
time,  unite  in  the  establishment  and  support  of  one  or  more 
evening  schools,  and  contribute  pro  rata  to  the  expense  of 
their  maintenance.2 


1.  Act  May  22,  1883,  Sec.  I,  P.  L,.  37. 

2.  Act  May  22,  1883,  Sec.  2,  P.  L.  37. 


104  COMMON    SCHOOL    LAW 

Qualification  of  teachers. 

276.  The  qualifications  of  teachers  for   said    evening 
schools  shall  be  the  same  as  those  for  the  teachers  of  the 
public  schools  of  the  Commonwealth,  as  already  made  and 
provided,  or  as  may  hereafter  be  made  and  provided  by  law.3 

Expenses. 

277.  The  expenses  for  the  support  and    maintenance 
of  said  evening  schools  shall  be  defrayed  out  of  the  taxes 
raised  for  the  support  of  the  common  schools:   Provided, 
That  said  school  board  may,  in  making  their  estimates  for 
the  school  year,  allow  and  set  aside  a  certain  sum  for  the 
support  and  maintenance  of  said  evening  schools,  and  levy 
and  collect  their  tax  rate  accordingly.4 

Evening  high  schools  may  be  established. 

278.  The  board  of  school  directors  or  school  controllers 
of  any  school  district  may,   where  necessary,  establish  an 
evening  high  school,  and  the  board  of  school  directors  or 
school  controllers  of  two  or  more  contiguous  school  districts 
may  unite  for  the  establishment  and  siipport  of  an  evening 
high  school;  the  curriculum  of  which  shall  be  drawn  up  and 
arranged  by  the  several  school  boards,  in  joint  session  met 
and  assembled,  according  to  their  best  judgment  and  the 
necessities  of  their  respective  districts.5 

Admittance. 

279.  No    pupil    shall   be   admitted   to    said     evening 
schools,  who  is  unemployed  during  the  day,  or  in  actual 
attendance  upon  any   school    during   the   day,    public    or 
private.6 

Proceedure  on  refusal  to  establish  evening  schools. 

280.  Should  any  board  of  school  directors,  or  controllers, 
neglect  or  refuse  to  carry  out  the  provisions  of  this  act,  the 
petitioners  aforesaid  may  present  their  petition  to  the  court  of 
common  pleas  of  the  proper  county,  setting  forth,  that  applica- 


3.  Act  May  22,  1883,  Sec.  3,  P.  L.  37. 

4.  Act  May  22,  1883,  Sec.  4,  P.  L-  37- 

5.  Act  May  22,  1883,  Sec.  5,  P.  L.  37. 

6.  Act  May  22,  1883,  Sec.  6,  P.  L.  37. 


EVENING   SCHOOLS  105 

tion  had  been  made  to  the  proper  board  of  school  directors 
or  controllers  as  aforesaid,  and  that  said  board  had  neglect- 
ed or  refused  to  carry  out  the  provisions  of  this  act;  where- 
upon such  court  shall,  after  due  proof  of  the  notice  of  the 
presentation  of  such  petition  having  been  served  upon  the 
president  and  secretary  of  such  board,  proceed  to  hear  and 
determine  as  to  the  necessities  and  propriety  of  the  estab- 
lishment of  such  school  or  schools,  and  in  its  discretion 
order  the  board  of  school  directors  or  controllers,  to  open 
and  maintain  such  school  or  schools,  with  power  to  enforce 
such  order  by  attachment  or  mandamus,  at  the  discretion 
of  the  court7 

When  to  take  effect. 

281.  The  provisions  of  this  act  shall  not  go  in  force 
until  the  beginning  of  the  regular  school  year,  Anno  Dom- 
ini, one  thousand  eight  hundred  and  eighty-three:  Provided, 
That  the  provisions  of  this  act  shall  not  apply  to  any  part 
or  section  of  the  state,  where   special    provision  exists  for 
night  school.8 

Additional  teachers. 

282.  As  the  average  daily  attendance  increases,  addi- 
tional teachers  may  be  engaged  and  retained  at  the  discretion 
of  the  school  directors  or  controllers  aforesaid.9 

Petition  for  schools. 

283.  RiceJ.  says:— "The  act  of  May  22,  1883,  P.  L. 
37,  relating  to  free  evening  schools  provides  that    if  any 
board  of  school  directors    or   controllers    shall    neglect    or 
refuse  to  carry  out  the  provisions  of  the   act,    the   court, 
upon  petition,  and  after  due  proof  of  notice,  shall  proceed 
to  hear  and  determine  as  to  the  necessities  and  propriety  of 
the  establishment  of  such  school,  and  in  its  discretion  may 
order  the  board  of  directors  to  open  and  maintain  same. 


7.  Act  May  22,  1883,  Sec.  8,  P.  L,.  37. 

8.  Act  May  22,  1883,  Sec.  9,  P.  L,.  37. 

9.  Act  May  7,  1889,  Sec.  i,  P.  L.  no. 


106  COMMON   SCHOOL   LAW 

The  power  of  the  court  is  to  be  exercised  only  in  clear  cases, 
where  the  directors  have  wilfully  neglected  or  refused  to 
perform  their  duties. 

"The  petition  which  is  at  the  foundation  of  these 
proceedings  was  not  served  on  the  secretary  of  the  board 
until  December,  1891.  Passing  the  objections  to  the  man- 
ner in  which  it  was  signed  and  served,  we  think  there  were 
substantial  reasons  for  not  granting  the  prayer  of  the  peti- 
tioner. The  board  of  directors  had  resolved,  at  the  beginn- 
ing of  the  school  year,  to  have  eight  months  of  school,  had 
levied  a  thirteen  mill  tax,  and  had  employed  the  teachers 
and  fixed  their  salaries.  The  tax  was  barely  sufficient  to 
pay  the  expenses  incurred  on  that  basis,  and  the  directors 
had  no  power  to  lay  an  additional  tax,  even  if  they  had 
gone  to  the  full  limit  of  their  power  in  their  first  levy. 
School  directors  are  not  required  to  make  bricks  without 
straw,  and  at  the  time  the  petition  was  presented  to  them 
it  was  practically  impossible  for  them  to  open  a  night  school 
for  a  term  of  not  less  than  four  months,  as  the  law. provides, 
without  closing  the  day  schools  for  a  nearly  equal  length  of 
time,  and  perhaps,  breaking  their  contract  with  the  teachers 
employed  for  those  schools.  We  do  not  think  the  legis- 
lature contemplated  the  compulsory  establishment  of  a 
night  school  under  such  circumstances  especially  where  the 
number  of  pupils  who  attend  it  is  barely  sufficient  to  war- 
rant the  opening  of  such  a  school  under  any  circumstances. 

"Under  the  facts  proved  we  do  not  think  the  directors 
were  in  fault,  but  even  if  they  were,  it  is  now  too  late  to 
establish  a  school  for  the  current  year,  and  the  court  would 
not  be  authorized  to  order  one  for  the  ensuing  year  when 
it  is  not  certain  that  the  conditions  will  be  such  as  to  re- 
quire it.  The  time  for  the  new  board  to  organize  and  to 
levy  taxes  for  the  ensuing  year  is  at  hand,  and  we  have  no 
doubt,  that,  if  a  proper  petition  is  presented  to  them  in  due 
time,  they  will  make  arrangements  to  comply  with  the 
law."10 


10.     Denison  School  District,  6  Kulp  457,  1892. 


EVENING   SCHOOLS  107 

Night  schools  for  manual  training  of  children. 

284.  Whenever  the  school  directors  or  controllers  of 
any  city  of  the  Commonwealth  shall  be  requested  by  fifty 
or  more  taxpayers,  they  shall  establish  and  equip  sufficient 
night  schools  for  the  manual  training  of  children  above  the 
age  of  twelve  years,  and  shall  keep  the  same  open  as  many 
months  in  the  year  as  day  schools  are  kept  open  in  such 
city.  The  court  of  common  pleas  of  the  proper  county 
shall  have  jurisdiction  to  enforce  this  act  by  mandamus: 
Provided,  That  when  the  average  attendance  shall  fall  be- 
low fifteen  nightly,  the  board  may  at  their  option,  close 
the  school  for  the  remainder  of  the  term." 


II.     Act  May  n,  1901,  Sec.  I,  P.  I/.  176. 


CHAPTER  XII. 

SCHOOL   DIRECTORS   AND  CONTROLLERS  TO  DIRECT  STUDIES 
AND  EXPEL  PUPILS  FOR  MISCONDUCT. 

285.  Direct  studies  and  select  books 108 

286.  Branches  required  to  be  taught 108 

287.  Optional  as  to  other  branches 108 

288.  Additional  branches  in  cities  of  the  second  and  third  class 109 

289.  System  of  humane  education 109 

290.  Experiments  on  living  animals  forbidden 109 

291.  Monthly  reports 109 

292.  Physical  culture 109 

293.  Duty  of  school  directors,  controllers  and  boards  of  education.,  no 

294.  Suspension  and  expulsion  of  pupils no 

295.  Power  of  committee  to  investigate no 

296.  Teachers  or  school  boards  may  expel  pupils in 

Direct  studies  and  select  books. 

285.  School  directors  and  controllers  shall  direct  what 
branches  of  learning  shall  be  taught  in  each  school,  and 
what  books  shall  be  used.1 

Branches  required  to  be  taught. 

286.  The  branches  of  orthography,    reading,    writing, 
arithmetic,   geography,   English    grammar,   United    States 
history,2  physiology  and  hygiene,  which  shall,  in  each  div- 
ision of  the  subject  so  pursued,  include  special  reference  to 
the  effect  of  alcoholic  drinks,  stimulants  and  narcotics  upon 
the  human  system,   shall  be   included  in  the  branches  of 
study  now  required  by  law  to    be   taught   in   the  common 
schools,   and  shall  be  introduced   and  studied  as  a   regular 
branch  by  all  pupils  in  all  departments  of  the  public  schools 
of  the   Commonwealth,    and  in  all  educational  institutions 
supported  wholly  or  in  part  by  money  from   the  Common- 
wealth,3 and  kind  treatment  of  birds  and  animals,4  and   in 
cities  of  the  first  and  second  class  a  regular  course  in  phy- 
sical culture,5  are  peremptorily  required  to  be  taught. 
Optional  as  to  other  branches. 

287.  Other  branches  may  be  introduced  from   time  to 
time  by  the  school  directors  or  controllers.6 

1.  Act  May  8,  1854,  Sec.  23,  P.  L.  621. 

2.  -Act  May  8,  1854,  Sec.  38,  P.  L.  625. 

3.  Act  April  2,  1885,  Sec.  i,  P.  L.  7. 

4.  Act  March  27,  1905,  Sec.  i,  P.  L.  60. 

5.  Act  March  8,  1901,  Sec.  i,  P.  L.  49. 

6.  Act  May  8,  1854,  Sec.  38,  P.  L.  625. 


COMMON   SCHOOL    BRANCHES  109 

Additional  branches  in  cities  of  the  second  and  third  class. 

288.  In  every  city  of  the  second  class  the  central  board 
of  education,   and  in  every  city  of  the  third  class  the  board 
of  school  controllers,  and  in  every  borough  and  township  of 
the  first  class  the  board  of  school  directors,  shall  have  power 
to  establish  and  maintain  one  or  more  schools  for  the  in- 
struction  of  pupils  in  the  useful  branches  of  the  mechanic 
arts,  athletics  and  kindred  subjects,  to  provide  the  necessary 
buildings,  machinery,  apparatus  and  materials,  and  to  em- 
ploy teachers  and  instructors  therefor.7 

System  of  humane  education. 

289.  A  system   of  humane  education,   which  shall  in- 
clude kind  treatment  of  birds  and  animals,  shall  be  includ- 
ed in  the  branches  of  study  now  required  by   law   to  be 
taught  in  the  commom  schools;  such  instruction  to  be  given 
to  all  pupils,  up  to  and  including  the  fourth  grade,  of  the 
public  schools  of  this  Commonwealth,  and  to  consist  of  not 
more  than  half  an  hour  each  week,  during  the  whole  term 
of  the  school.8 

Experiment  on  living  animals  forbidden. 

290.  No  experiment  upon  any   living  creature,   to  de- 
monstrate in  physiology,  shall  be  permitted  in    any  public 
school  of  the  state.9 

Monthly  reports. 

291.  The  principal  or  teacher  in  every  school  shall 
certify,  in  each  of  his  or  her  monthly  reports  to  the  school 
board,  that  such  instruction  has  been  given  in  the  school 
under  his  or  her  control,10  and  this  act  shall  take  effect  im- 
mediately.11 

Physical  culture  required  to  be  taught. 

292.  Physical  culture,   by   a   regular  and   progressive 
course  of  calisthenics,   shall  be  included  in  the  branches  ot 
study  now  required  by   law   to    be   taught    in    the   public 
schools  of  this  Commonwealth.12 


7.  Act  March  24,  1905,  Sec.  I,  P.  L.  52. 

8.  Act  March  27,  1905,  Sec.  i,  P.  L,.  60. 

9.  Act  March  27,  1905,  Sec.  2,  P.  L-  60. 

10.  Act  March  27,  1905,  Sec.  3,  P.  it.    60. 

11.  Act  March  27,  1905,  Sec.  4,  P.  i,.  60. 

12.  Act  March  8,  1901,  Sec.  I,  P.  L-  49. 


110  COMMON    SCHOOL    LAW 

Duty  of  school  directors,  controllers  and  boards  of  education. 

293.  It  shall  be  the  duty  of  the  school  directors,  boards 
of  school  controllers,  and  boards  of  education  of  the  public 
schools  of  this  Commonwealth,  to  make  proper  provisions 
in  all  the  schools  or  districts  under  their  jurisdiction,   care 
and  control,  for  instructions  to  be  given  the  pupils   of  said 
public  schools  in  physical  culture,  by  a  regular  and  progress- 
ive course  of  calisthenics,   and  any    failure  on  the  part  of 
said  directors,  controllers  or  boards  of  education,  to  comply 
with  the  provisions  of  this  act,   satisfactorily  proven  to  the 
state  superintendent  of  public  instruction,  shall  be  deemed 
sufficient  cause  for  withholding  the  warrant  for  state's  ap- 
propriation of  school  money  to  which  district  would  other- 
wise be  entitled.      Provided,  That  teachers  shall  not  be  re- 
quired to  pass  examinations  in  the  branch  of  study  provided 
in  this  act  until  after  January  first,  one  thousand  nine  hun- 
dred and  two.      Provided,  That  this  act  apply  only  to  cities 
of  the  first  and  second  class.'3 

Suspension  and  expulsion  of  pupils. 

294.  School  directors  and  controllers  may  suspend  or 
expel  from  the  school  all  pupils  found  guilty,  on  full  exami- 
nation and  hearing,  of  refractory  or  incorrigibly  bad  con- 
duct.14 

Power  of  committee  to  investigate. 

295.  This  was  a  petition  for  mandamus  against  school 
directors  to  compel  the  restoration  of  a  pupil  who  had  been 
expelled  for  incorrigibly  bad  conduct.     The  principal  of  the 
school  made  certain  charges  against  the  pupil  to  the-  school 
committee  of  the  said  board,  and  the  said  committee  there- 
upon dismissed  the  said  pupil  from  the  public  schools  and 
he  was  thereafter  denied  admission  to  the  school  by  the  prin- 
cipal and  refused  further  instruction  therein.     It  is  admitted 
that  the  expulsion  was  by  a  committee  of  said  board,  con- 
sisting of  three  members  thereof,  and  not  by  the  board  of 
directors  themselves,  and  no  examination  nor  hearing  of  the 
charges  was  had  before  the  full  board. 


13.  Act  March  8,  1901,  Sec.  2,  P.  L,.  49. 

14.  Act  May  8,  1854,  Sec.  23,  P.  L,.  621. 


COMMON    SCHOOL    BRANCHES  III 

The  matter  was  brought  however  to  the  attention  of 
the  full  board,  and  a  hearing  before  them  was  demanded, 
which  was  refused,  and  the  action  of  the  committee  was  ap- 
proved and  sustained. 

In  reviewing  the  case  Mr.  Justice  Potter  said,  inter 
alia:  "  Under  the  act  of]  May  8,  1854,  power  is  given  to  the 
board  of  directors,  on  full  examination  and  hearing,  to  sus- 
pend or  expel  from  the  school  all  pupils  found  guilty  of  re- 
fractory or  incorrigibly  bad  conduct.  The  requirement  is 
that  the  examination  and  hearing  shall  be  full,  but  this  does 
not  necessarily  mean  that  it  should  be  by  the  full  board.  We 
see  no  reason  why  the  investigation  of  charges  and  the  con- 
duct of  a  hearing  may  not  be  delegated  to  a  committee  of  the 
board,  when  the  action  of  the  committee  is  afterwards  re- 
ported to,  and  is  reviewed  and  considered  and  sustained  by 
the  full  board." I5 

Teachers  or  school  boards  may  expel  pupils. 

396.  The  facts  of  the  case,  as  they  appeared  on  the  trial, 
were  as  follows:  Hughes,  the  plaintiff,  was  at  a  former  time  a 
student  at  the  State  Normal  School  at  Edinboro,  Erie  County, 
Pennsylvania.  For  some  matter,  not  very  grievous,  Prof. 
Cooper,  the  principal  of  the  school,  expelled  Hughes  from 
this  normal  school,  and  from  all  the  normal  schools  of  the 
state,  no  matter  where  situated,  and  for  all  time  to  come. 
Some  time  after  this,  and  at  the  close  of  the  term,  the  Potter 
Literary  Society  gave  an  exhibition,  at  which  all  the  public 
were  invited  to  attend.  Tickets  were  sold,  and  great  efforts 
were  made  to  distribute  them  and  secure  a  full  house.  On 
the  evening  of  the  entertainment,  Mr  Hughes  and  a  lady, 
with  tickets,  presented  themselves  at  the  hall,  and  upon  the 
surrender  of  their  ticket  were  passed  in  and  seated  near  the 
centre  of  the  room.  Soon  after,  and  about  the  time  the  hall 
was  filled,  Goodell,  Cutler  and  Langley  took  Hughes,  and 
by  force  put  him  out  of  the  school  building,  and  out  of  the 
grounds.  Verdict  for  plaintiff  of  $275.00.  New  trial  re- 
fused. 


15.     Miller  vs.  Clement,  205  Pa.  484,  1903. 


112  COMMON   SCHOOL   LAW 

In  delivering  the  charge  to  the  jury,  Johnson,  J.  says  : 

"  While  the  trustees  and  directors  of  our  public  schools 
and  literary  institutions  have  a  qualified  title  to,  and  pos- 
session of,  the  real  estate  dedicated  to  the  use  of  the  public 
for  educational  purposes,  it  does  not  confer  upon  them  that 
absolute  dominion  which  a  private  individual  may  exercise 
over  the  premises  of  which  he  is  the  exclusive  and  fee  sim- 
ple owner.  The  public  have  some  right  in  school  house 
property,  and  among  them  the  right  of  entry,  at  all  proper 
times,  and  for  proper  purposes.  The  rights  of  trustees  and 
directors  of  public  schools  are  subordinate  to  this.  The 
public,  means  all  the  citizens  within  a  given  distance  or  dis- 
trict, intended  to  be  benefitted  by  the  purposes  to  which  the 
premises  are  devoted. 

"  While  the  teachers  or  directors  may  expel  a  scholar 
from  the  school  for  sufficient  reasons,  and  deprive  him  of  its 
advantages,  it  does  not  follow,  by  any  means,  that  they  can 
inflict  a  perpetual  personal  disability  upon  the  offending 
student.  If  he  is  afflicted  with  a  contagious  disease,  or  pos- 
sesses such  a  bad  moral  character  as  to  endanger  the  health 
or  pollute  the  morals  of  those  with  whom  he  comes  in  con- 
tact, he  may,  from  motives  of  public  policy,  be  excluded 
from  their  association. 

"  But  for  a  technical  violation  of  school  regulations, 
while  he  may  be  expelled  from  the  school,  he  cannot  be  fur- 
ther punished  by  its  guardians,  by  the  infliction  of  disabili- 
ities  in  derogation  of  his  rights  as  a  citizen. 

u  The  school  authorities,  of  course,  have  a  right  to  pro- 
tect themselves  and  their  school  from  disturbance  and  an- 
noyances that  interfere  with  the  successful  prosecution  of 
the  purposes  for  which  they  are  established. 

u  They  would  have  a  right  to  exclude  from  their 
grounds  and  buildings  any  man  who  would  enter  them  to 
disturb  the  peace,  or  break  up  the  order,  or  interfere  with 
the  legitimate  exercises  of  the  school. 

"  Beyond  that,  they  could  not  impose  individual  re- 
strictions at  their  own  caprice,  making  discriminations  to  the 
exclusion  of  some  from  public  exhibitions,  to  which  all  the 


COMMON    SCHOOL    BRANCHES  113 

public  are  invited.  This  would  be  invidious,  and  in  viola- 
tion of  the  private  rights  of  the  individual.  Even  during 
the  war,  peaceable  rebels  had  a  right  to  live  in  loyal  territory, 
and  enjoy  the  benefits  of  our  literary  and  religious  institu- 
tions. 

"  Now,  to  say  that  a  student  expelled  from  a  school  for 
disobedience  to  some  municipal  regulation,  should  be  ex- 
cluded from  attending  a  prayer  meeting  or  public  lecture,  in 
the  school  house  or  college  premises,  for  all  time  to  come, 
without  any  evidence  of  improper  conduct  or  suspicion  of 
improper  purposes,  would  be  an  exercise  of  tyranny  over 
his  private  rights,  not  vested  in  the  trustees,  directors  or 
professors  of  our  educational  institutions. 

u  A  scholar  may  forfeit  his  rights  to  a  place  in  the  school 
or  college  by  the  violation  of  some  rule  that  involves  no 
moral  turpitude.  And,  so  far  as  appears,  that  was  the  con- 
dition of  this  plaintiff.  If  the  rule  of  right  in  the  profes- 
sors be  as  great  as  is  claimed  in  this  case,  he  might  have 
been  sued  in  trespass  or  forcibly  expelled  for  attending  the 
funeral  of  his  mother  upon  the  premises  ten  years  after  his 
expulsion. 

4 '  It  is  a  mistake  to  say  that  the  literary  society  that 
got  up  that  exhibition,  and  the  exercises  of  that  evening, 
was  a  constituent  part  of  the  school,  or  of  the  prescribed  cur- 
riculum, or  course  of  its  studies.  The  literary  societies  are 
voluntary  aspirations  among  the  students,  to  which  they 
may  or  may  not  belong.  The  exercises  are  of  their  own 
choice,  and  the  exhibition  is  held  at  their  own  volition.  It 
is  true,  the  organization  and  its  exercises  are  subordinate 
to,  and  subject  to  the  supervision  of  the  professors.  When 
they  are  approved  by  the  professors,  and  permission  is  given 
to  the  society  to  use  the  public  hall  of  the  institution  for 
their  exhibition,  had  they  the  right  to  say  that  any  individ- 
ual member  of  that  community  should  not  attend?  I  think 
not,  unless  something  in  the  moral  character  of  that  person, 
or  a  reasonable  apprehension  existed  that  he  intended  to 
break  the  peace  or  interrupt  the  exercises  of  the  evening, 
made  it  proper,  from  public  considerations,  to  exclude  him. 


114  COMMON   SCHOOL   LAW 

The  question,  therefore,  is  whether  the  plaintiffhad  forfeited 
his  rights  as  a  citizen,  to  be  present  at  the  exhibition,  to 
which  all  the  citizens  had  been  invited,  and  to  which  he  had 
purchased  a  passport. 

"  If  he  came  there  to  disturb  the  peace  or  interrupt  the 
exercises  ;  if  he  had  made  previous  threats  that  he  would  do 
so,  or  demonstrations  of  such  intention  after  entry,  he  might 
properly  be  put  out.  But  in  the  absence  of  any  such  con- 
duct, or  evidence  of  such  intention,  he  had  the  same  right 
to  come  there  that  any  other  peaceable  citizen  had.  Of  this 
he  could  not  be  deprived  at  the  pleasure  or  caprice  of  the 
professor  who  presided  over  the  destinies  of  the  school. 
The  Potter  Literary  Society,  by  permission,  had  the  use  of 
the  premises  that  night,  and  it  had  publicly  invited  all  to 
pay  and  come.  He  had  so  done.  His  ticket  gave  him  and 
his  lady  a  passport  to  the  hall,  which  no  one  had  a  right  to 
dispute  so  long  as  his  conduct  was  unexceptionable. 

"  No  physical  injury  was  inflicted.  The  plaintiff  was 
forcibly  ejected  from  the  hall,  in  the  presence  of  a  large  as- 
sembly. The  injury  consists  in  the  insult  and  indignity 
inflicted  upon  his  sensibilities  and  his  honor,  and  the  viola- 
tion of  his  personal  rights.  The  plaintiff  does  not  ask  high 
or  exemplary  damages,  but  should  receive  something  by 
way  of  compensation  for  the  injury  he  has  suffered.  This 
suit  is  brought  rather  to  settle  a  disputed  question  and  vin- 
dicate his  rights,  than  as  a  pecuniary  speculation."  l6 


16.     Hughes  vs.  Goodell,  3  Pitts.  R.  264,  1870. 


CHAPTER   XIII. 

LIABILITY  OF   DIRECTORS  AND  CONTROLLERS — PAYMENT  OF 

EXPENSES. 

PAGB 

297.  Payment  of  necessary  expenses 115 

298.  Directors  have  no  authority  to  pay  a  pupil's  board 115 

299.  School  orders  or  warrants  are  not  negotiable 115 

300.  School   boards   not  authorized   to    purchase    drafts   or   com- 

mercial papers 115 

301.  School  directors  personally  liable 116 

302.  Liable  for  unlawful  settlement  with  tax  collectors 118 

Payment  of  necessary  expenses. 

297.  Directors  and  controllers  shall  pay  all  necessary 
expenses  of  the  schools  by  drafts  on  the  district  treasurer, 
signed  by  the  president,  and  attested  by  the  secretary  of  the 
board,  the  same  being  entered  on  the  minutes.1 

Directors  have  no  authority  to  pay  pupil's  board. 

298.  The  payment  of  the  board  of  a  pupil  by  school  di- 
rectors from  public  funds  is  unauthorized  by  law  and  illegal 
and  will  be  restrained  by  injunction.2 

School  orders  or  warrants  are  not  negotiable. 

299.  Orders  drawn  by  a  president  of  a  board  of  school 
directors  on  the  treasurer  of  a  school  district,  under  the 
school  law,  are  not  negotiable  bills  or  orders,  but  mere  war- 
rants for  the  payment  of  money  to  the  person  to  whom  they 
are  issued,  to  be  disbursed  by  the  treasurer  under  the  au- 
thority of  the  law  :  they,  therefore,  do  not  authorize  a  sub- 
sequent holder  to  maintain  suit  in  his  own  name,  as  upon  a 
promissory  note  or  order.     They  do  not  possess  the  ordi- 
nary properties  of  a  mere  contract,  but  are  a  statutory  means 
of  drawing  the  public  money  out  of  the  hands  of  the  legal 
custodian  of  the  funds  of  the  district. 

First   National    Bank  of  Northumberland    vs.    Rush 
School  District,  81  Pa.  307,  1876.3 


1.  Act  May  8,  1854,  Sec.  23,  P.  L.  621. 

2.  Peiffer  vs.  Reno,  29  Pa.  C.  C.  145,  1904. 

3.  Dyer  vs.  Covington,  19  Pa.  200,  1850. 


Il6  COMMON   SCHOOL   LAW 

School  boards  not  authorized  to  purchase  drafts  or   commercial 
papers. 

300.  Justice  Paxton  said  :    "  The  act  of  assembly  author- 
izing them   to  borrow  money  and  issue  bonds  therefor  on 
the  credit  of  the  district  would  hardly  authorize  them  to 
purchase  drafts  or  commercial  paper  and  issue  the  bonds  of 
the  school  district  in  payment  therefor.     It  would  be  an  ex- 
tremely dangerous  doctrine  to  hold  that  municipal  officers 
authorized  by  an  act  of  assembly  to  borrow  money  upon  the 
credit  of  the  municipality,  could  issue  the  bonds  of  such 
municipality  for  anything  but  money."4 

School  directors  personally  liable. 

301.  In  this  ca.se  Robert  Linn. was  a  member  of  the 
board  of  school  directors,  and  also  treasurer  of  the  school 
district.     Samuel  M.  Kenyon,  who  had  charge  of  the  Savan- 
nah school  house,  or  school  house  No.  9,  was  discharged 
as  teacher  by  resolution  of  the  board  the  28th  of  February, 
1857.     It  appears  that  after  his  discharge  as  a  teacher  by  the 
school  board,  he  continued  to  teach  at  the  same  place  at  the 
instance  of  those  who  had  sent  their  children  to  this  school, 
and  with  the  understanding,  that  if  he  was  not  paid  by  the 
school  directors,  those  who  sent  their  children  to  the  school 
would  pay  for  their  tuition.     On  the  25th  of  April,  1857,  there 
was  a  resolution  introduced  to  pay  Kenyon  for  tuition  after 
he  had  been  discharged,  which  was  lost  by  a  tie  vote.     On 
the  29th  of  August,  1857,  there  was  a  resolution  offered  to  re- 
instate  the   Savannah  school   house  where    Kenyon    had 
taught,  which  was  again  lost  by  a  tie  vote.     Again,  on  the 
26th  of  March,  1858,  another  resolution  was  introduced  to 
pay   Kenyon,  which  was  again   lost  by  a  tie  vote.     The 
school  board  of  1857  appear  to  have  been   equally  divided 
on  the  question  of  paying  Kenyon,  and  it  appears  to  have 
been  frequently  agitated  and  brought  to  the  notice  of  the 
board,  and  resulted  in  an   equal  division,   until  after  the 
spring  election  of  1858,  when  the  subject  was  again  brought 
before  the  board  of  directors,  and  on  the  5th  of  June,  1858,  a 
resolution  was  passed  to  reinstate  Samuel  M.  Kenyon  as  a 


4.     Muncy  Borough  School  District  vs.  Com. ,  84  Pa.  469,  1877. 


PAYMENT   OF  SCHOOL   EXPENSES  1 17 

teacher  in  the  Dickinson  district,  and  to  pay  him  his  salary 
for  teaching  at  the  Savannah  school  house  for  five  months. 
This  resolution  was  carried  by  a  vote  of  3  to  2,  Mr.  Linn 
voting  in  the  affirmative.  On  the  same  day,  as  appears 
from  the  minutes  of  the  board,  an  order  on  the  treasurer  was 
drawn  in  favor  of  Kenyon  for  $125.00,  in  due  form,  signed 
by  the  president  and  attested  by  the  secretary.  This  order, 
thus  drawn  under  the  circumstances  we  have  stated,  the  town- 
ship alleges  was  illegal,  and  ought  not  to  have  been  paid  by 
the  treasurer  of  the  school  board  ;  that  the  township  auditors 
erred  in  passing  this  order  to  the  credit  of  the  treasurer,  and 
this  appeal  from  their  settlement  has  been  entered  to  cor- 
rect this  alleged  error. 

Chief  Justice  Lowrie  said  :  "  Undoubtedly  this  teacher 
had  no  right  to  be  paid  out  of  the  public  funds,  except  for 
the  time  he  was  in  the  public  employment ;  and  the  direc- 
tors had  no  legal  authority  to  pay  him  ;  otherwise,  they  did 
it  to  their  own  wrong,  and  each  director  who  voted  for  it  is 
personally  liable  to  the  township.  They  had  no  right  thus 
to  deal  with  trust  funds.  They  are  in  no  proper  sense  leg- 
islators ;  but  officers  under  the  law,  and  obliged  to  obey  it. 
Even  a  majority  of  the  voters  of  the  township  could  invest 
them  with  no  authority  to  set  aside  the  law  of  their  office. 

Then,  as  to  the  defendant,  the  treasurer :  is  he  liable 
for  paying  the  order,  as  for  a  mispayment  ?  As  director  he 
voted  for  the  misapplication  of  the  money,  and  as  treasurer 
he  paid  it ;  and  he  is  now  called  upon,  as  treasurer,  to  ac- 
count for  it.  Can  he,  as  treasurer,  shield  himself  behind 
himself  as  director  ?  Can  he,  as  treasurer,  take  advantage 
of  his  own  wrongful  act,  as  director,  to  save  himself  from 
liability  ?  May  he  excuse  an  unlawful  application  of  public 
funds,  by  showing  a  warrant  which  he  himself  unlawfully 
assisted  in  issuing  ?  We  are  very  clear  that  he  cannot.  Cer- 
tainly it  is  true,  that  he  must  pay  the  warrants  of  the  di- 
rectors, and  is  not  answerable  for  their  errors.  Yet,  it  is 
also  true  that  when  he,  as  treasurer,  becomes  subordinate  to 
himself  as  director,  he  can  have  no  moral  or  legal  right  to 
protection  as  subordinate,  by  pleading  his  own  lawful  act  as 


Il8  COMMON   SCHOOL   LAW 

superior.     When  the  same  man  is  both  superior  and  sub- 
ordinate,  the  maxim    '  respondent  superior '  furnishes   no 
protection  to   the  subordinate.     A  treasurer  cannot  claim 
credit  for  payment  of  a  warrant  illegally  issued,  if  he  him- 
self aided  in  its  issue.     School  directors  cannot  make  law, 
and  have  none  of  the  immunities  of  supreme  legislators.  • 
Like  other  trustees,  they  are  answerable  for  ordinary  care 
and  good  faith  in  the  performance  of  their  duties.5 
Liable  for  unlawful  settlement  with  tax  collectors. 

302.  If  school  directors  make  an  unlawful  settlement 
with  a  tax  collector,  the  directors  will,  themselves,  be  liable 
personally  to  the  district  for  the  loss.  The  settlement  with 
tax  collectors  must  be  submitted  to  the  auditors  annually 
for  approval.6 


5.  The  Township  of  Dickinson  vs.  Linn,  36  Pa.  431,  1860. 

6.  Mason  vs.  Caffrey,  9  Kulp  414,  1899. 


CHAPTER  XIV. 

SCHOOL  SITES. 

PAGE 

303.  Power  of  school   directors  or  controllers  to  enter  upon  and 

occupy  sufficient  ground  for  school  sites 119 

304.  Sites  for  school  houses 120 

305.  Location  of  school  houses 121 

306.  Review  by  the  courts 122 

307.  Report  of  viewers 122 

308.  School  board  acquires  no  fee  123 

309.  Power  to  discontinue  proceedings  under  act  April  9,  1867 123 

310.  Certain  land  owned  by  county  may  be  taken  for  educational 

purposes 123 

311.  Damages,  how  secured 123 

312.  Court  of  quarter  sessions  to  appoint  viewers.  Duties  of  viewers.  124 

313.  Power  of  the  school  board  to  take  public  burial  places 124 

314.  Court  of  common  pleas  to  appoint  viewers.  Duties  of  viewers..  125 

315.  Appeal  from  report  of  viewers 126 

316.  Procedure 127 

Power  of  school  directors  or  controllers  to  enter  upon  and  occupy 
sufficient  ground  for  school  sites. 

303.  Whenever  the  board  of  directors,  or  controllers  of 
of  any  school  district  in  this  Commonwealth,  shall  be  unable 
to  procure  such  eligible  sites,  for  the  erection  of  school 
houses  thereon,  as  they  may  deem  expedient,  by  agree- 
ment with  the  owner  or  owners  of  the  land,  it  shall  and  may 
be  lawful  for  the  board  of  directors,  in  behalf  of  the  district, 
to  enter  upon  and  occupy  sufficient  ground  for  the  purpose, 
which  they  shall  designate,  and  mark  off,  not  exceeding,  in 
any  case,  one  acre,  and  to  use  and  occupy  the  same,  for  the 
purpose  of  erecting  thereon  a  school  house,  with  its  neces- 
sary or  convenient  appurtenances  ;  and  for  all  damage  done 
and  suffered,  or  which  shall  accrue  to  the  owner  or  owners 
of  such  land,  by  reason  of  the  taking  of  the  same,  for  the 
purposes  aforesaid,  the  funds  of  the  district,  which  may  be 
raised  by  taxation,  shall  be  pledged  and  deemed  as  security ; 
and  it  shall  and  may  be  lawful  for  the  court  of  common 
pleas  of  the  proper  county,  on  application  thereto,  by  peti- 
tion, either  by  the  said  school  district,  through  the  presi- 
dent and  secretary  of  the  board  of  directors,  or  by  the  owner 
or  owners  of  said  land,  or  any  one  of  them,  in  behalf  of  all, 
to  appoint  a  jury  of  viewers,  consisting  of  three  discreet  and 


I2O  COMMON    SCHOOL    LAW 

disinterested  citizens  of  said  county,  who  shall  not  be  the 
owners  of  property  or  residents  in  the  school  district  in 
which  such  land  is  taken,  as  aforesaid,  and  appoint  a  time 
not  less  than  twenty  nor  more  than  thirty  days  thereafter,  for 
said  viewers  to  meet  upon  said  land ;  of  which  time  and 
place  ten  days'  notice  shall  be  given  by  the  petitioners,  to 
the  said  viewers  and  the  other  party  ;  and  the  said  viewers, 
or  any  of  them,  having  been  first  duly  sworn  or  af- 
firmed, faithfully,  justly  and  impartially  to  decide,  and  a 
true  report  to  make,  concerning  all  matters  and  things  to  be 
submitted  to  them  ;  and  having  viewed  the  premises,  they 
shall  establish  and  determine  the  quantity  and  value  of  said 
land  so  taken,  to  be  used  for  the  purposes  aforesaid,  and  after 
having  made  a  fair  and  just  computation  of  the  advantages 
and  disadvantages,  they  shall  estimate  and  determine  whether 
any,  and  if  any,  what  amount  of  damages  has  been  or  may 
be  sustained,  and  to  whom  payable,  and  make  report  thereof 
to  said  court ;  and  if  damages  be  awarded  and  the  re- 
port be  confirmed  by  the  said  court,  judgment  shall  be 
entered  thereon  ;  and  if  the  amount  thereof  be  not  paid 
within  thirty  days  after  the  entry  of  said  judgment,  exe- 
cution, to  enforce  the  collection  thereof,  may  be  issued  as 
in  other  cases  of  judgment  against  school  districts  ;  and 
each  viewer  shall  be  entitled  to  one  dollar  and  fifty  cents 
per  day,  for  every  day  necessarily  employed  in  the  perform- 
ance of  the  duties  herein  prescribed,  to  be  paid  by  such  dis- 
trict :  Provided,  That  either  party  shall  have  the  right  to 
have  re-viewers  appointed  by  said  court.1 

Sites  for  school  houses. 

304.  The  word  "groimd"  in  the  act  of  April  9,  1867, 
Sec.  i,  is  synonymous  with  uland,"  and  is  not  confined  to 
such  only  as  is  bare  for  buildings.  School  directors 
may  enter  upon  and  occupy  improved  town  lots.  When  a 
school  district  owns  a  lot,  the  directors  may  take  beside,  as 
much  adjoining  ground  as  is  necessary  for  a  site  for  a  school 
house,  if  both  together  do  not  exceed  one  acre.2 


1.  Act  April  9,  1867,  Sec.  I,  P.  L.   51. 

2.  Ferree  vs.  the  Sixth  Ward  Dist.  of  Allegheny,  76  Pa.  376,  1874. 


SCHOOL   SITES  121 

The  school  directors  have  the  authority  to  condemn 
land  for  the  purpose  of  enlarging  school  property  upon 
which  a  school  house  is  already  erected.3 

Location  of  school  houses. 

305.  Mr.  Justice  Williams  said  : 

"  The  subject  of  the  controversy  in  this  case  is  the  lo- 
cation of  a  district  school  house.  Reduced  to  its  simplest 
terms  the  question  raised  is  whether  the  exercise  of  official 
discretion  of  a  board  of  school  directors  shall  be  supervised 
and  directed  by  a  court  of  equity.  If  so,  the  selection  of 
teachers  and  text  books,  the  fixing  of  the  rate  for  the  levy 
of  school  and  building  taxes,  the  arrangement  of  the  course 
of  study,  together  with  other  similar  duties,  will  be  here- 
after done  subject  to  the  opinion  of  the  courts  The  ad- 
ministration of  the  school  laws  will  in  that  case  depend 
on  the  discretion  of  a  chancellor,  whose  decrees  will  be  en- 
forced by  injunction  or  mandatory  order.  Such  a  conclu- 
sion would  do  violence  to  the  school  laws,  and  to  the  well 
settled  rules  that  fix  the  limits  of  official  discretion.  If  an 
officer  neglects  or  refuses  to  enter  upon  the  discharge  of  a 
duty  which  the  law  imposes  upon  him,  the  courts  will 
quicken  or  compel  action  by  a  writ  of  mandamus.  If  he 
goes  beyond  what  the  law  requires,  attempts  that  which  is 
ultra  vires,  or  abuses  his  discretion  in  any  manner,  the 
courts  will  restrain  him  by  injunction.  The  ground  inter- 
mediate these  extremes  is  the  legitimate  range  of  official  dis- 
cretion, within  which  the  officer,  on  whom  the  law  has  cast 
a  duty,  may  determine  the  manner  of  its  performance : 
Commonwealth  vs.  Cochran,  i  S.  &  R.  473  ;  School  Di- 
rectors vs.  Anderson,  45  Pa.  388  ;  Schlaudecker  vs.  Mar- 
shall, 72  Pa.  200  ;  Dechert  vs.  Commonwealth,  113  Pa.  229  ; 
Runkle  vs.  Commonwealth,  97  Pa.  328.  In  the  case  of 
school  directors  who  neglect  or  refuse  to  perform  an  official 
duty,  'the  court  of  quarter  sessions  has  a  summary  jurisdic- 


Springboro  School  District's  Case,  21  Pa.,  C.  C.  23,  1852. 
Thompson  vs.  East  Marlborough  School  Dist. ,  i  Ches.  493,  1874. 


122  COMMON    SCHOOL   LAW 

tion  and  may  remove  them  from  office  and  appoint  others 
to  fill  their  places.  For  an  abuse  of  discretion  or  an  act  con- 
trary to  law,  the  remedy  is  in  the  common  pleas.  But  for 
a  mistake  in  judgment  as  to  the  time  or  manner  of  per- 
formance of  their  official  duties  they  are  answerable  to  the 
constituency  that  elects  them.  They  must  act — their  action 
must  be  within  the  legal  limits  that  bound  their  powers.  If 
they  refuse  to  act,  or  go  beyond  the  fair  exercise  of  their 
discretion,  the  courts  can  exercise  control  o\er  them.  If 
neither  of  these  conditions  exist,  but  they  proceed  to  the 
discharge  of  their  duties,  exercising  their  official  discretion 
as  to  the  manner,  the  courts  cannot  interfere. 

"  But  the  learned  counsel  for  the  appellants  seeks  to  in- 
duce action  in  this  case  by  suggesting  that  a  question  of 
public  health  is  involved.  The  bill  alleges  that  the  new  loca- 
tion is  less  salubrious  than  the  abandoned  one,  because  more 
exposed  to  the  winds  of  winter,  and  that  pupils  may  suffer 
in  health  for  this  reason.  It  is  more  than  doubtful  whether 
the  danger  thus  suggested  is  so  obvious  as  to  justify  an  ex- 
ercise of  the  police  powers  in  order  to  avert  it,  even  if  the 
fact  was  admitted  to  be  as  alleged  But  it  is  distinctly  de- 
nied in  the  answer  before  us.  There  is  nothing  in  this  case 
therefore  to  prevent  the  application  of  the  general  rule 
already  stated."  4 

Review  by  the  courts. 

306.  When  a  school  board  has  made  a  selection  for  a 
location  for  a  school  house  which  was  not  the  best  place 
that  might  have  been  procured,  the  court  will  not  interfere 
unless  the  directors  acted  arbritarily,  beyond  reason,  or  un- 
less they  were  dishonest  or  had  improper  motives  in  making 
such  selection  5 

Report  of  viewers. 

307.  The  Court  said  :-    "  It  is  not  necessary  that  the 
report  of  viewers  in  proceedings  under  the  act  of  April  gth, 
1867,  P.  L/.  51,    authorizing  the  selection  of  sites  for  school 


4.  Roth  vs.  Marshall,  158  Pa.  272,  1893. 

5.  Conney  vs.  Gardner,  16  Pa.  C.  C.  547,  1895. 


SCHOOL   SITES  123 

houses,  be  signed  by  all  the  viewers,  a  majority  being  suffi- 
cient to  act.  "6 

School  board  acquires  no  fee. 

308.  Under  the  Act  of  April  9,  1867,  P.  L.  51,  a  school 
board  acquires  an  easement  only,  and  not  a  fee  in  land  con- 
demned, and  when  the  land  is  abandoned  for  school  purposes 
its  use  and  occupation  reverts  to  the  owner  of  the  fee,  nor 
can  the  bo*ard  under  the  right  of  eminent  domain  acquire 
title  to  the  land  by  adverse  possession,  or  by  prescription.7 

Power  to  discontinue  proceedings  under  Act  April  9,  1867. 

309.  Proceedings  under  the  Act  may  be  discontinued 
at  any  time  before  final  confirmation  of  proceedings,  or  the 
taking  of  actual  possession  of  land.8 

Certain  land  owned  by  county  may  be  taken  for  educational  pur- 
poses. 

310.  Whenever  any  county  shall  have  had,    or   may 
hereafter  have,  land  conveyed  to  it,  for  its  use,  or  to  be  ap- 
propriated to  the  public  buildings  thereof  and  for  education- 
al purposes,  and  there  shall  be  more  of  such  land  than  is 
necessary  to  be  used  and  occupied  for  such  public  buildings, 
and  more  of  such  land  than  is  so  used  and  occupied,  it  shall 
and  may  be  lawful  for  the  directors  or  controllers  of  any 
school  district  to  enter  upon  and  occupy  sufficient  of  such 
land  for  the  erection  of  a  public  school  house  or  houses,  and 
to  use  and  occupy  the  same  for  the  purpose  of  erecting,  and 
to  erect  thereon  a  public  school  house  or  houses  with  the 
necessary  or  convenient  appurtenances.9 

Damages,  how  secured. 

311.  For  all  damages  done  or  suffered,  or  which  shall 
accrue  to  the  county  holding  or  owning  such  land,  by  reason 
of  the  taking  of  the  same  for  the  purposes  aforesaid,  the 
funds  of  the  district  taking  such  land,  which  may  be  raised 
by  taxation,  shall  be  pledged  and  deemed  as  security.10 

6.  Jackson  Township  School  District,  n,  York,  15. 

7.  Lazarus  vs.  Morris,  29  Pa.  C.  C.  505,  1904. 

8.  Funk  vs.  Waynesboro  School  District,  3,  Sadler  Rep.  177,  1886. 

9.  Act  April  4,  1889,  Sec.  i,  P.  L.  25. 
10.     Act  April  4,  1889,  Sec.  2,  i,  P.  L.  25. 


124  COMMON   SCHOOL   LAW 

Court  of  quarter  sessions  to  appoint  viewers.     Duties  of  viewers. 

312.  It  shall  and  may  be  lawful  for  the  court  of  quarter 
sessions  of  the  county  wherein  such  land  is  situate,  upon 
the  petition  either  by  the  school  district  through  the  prin- 
cipal officer  or  officers  thereof,  or  by  the  county  holding  or 
owning  such  land,  through  the  principal  officer  or  officers 
thereof,  to  appoint  a  jury  of  viewers,  consisting  of  three  dis- 
interested citizens,  not  residents  of  nor  owners  of  property 
in  the  county  or  district  in  which  such  land  is  situate,  and 
to  fix  a  time,   within  sixty  days  thereafter,   for  said  viewers 
to  meet  upon  said  land,  of  which  time  and  place  of  meeting 
not  less  than  ten  days  notice  shall  be  given   to   the  said 
viewers  and  to  the  other  party,  by  the  petitioners,  and  the 
said  viewers  or  any  of  them,  having  been  first  duly  sworn 
or  affirmed,  faithfully  and  impartially  to  decide,  and  a  true 
report  to  make,   concerning  all  matters  and  things  to  be 
submitted  to  them;  and  having  viewed  the  premises,  shall 
establish  and  determine  the  quantity  and  value  of  such  land 
so  taken  and  to  be  used  for  the  purposes  aforesaid,  and  after 
having  made  a  fair  and  just  computation  of  the  advantages 
and  disadvantages,  they  shall  estimate  and  determine  whether 
any,  and  if  any,  what  amount  of  damage  has  been  or  may  be 
sustained,  and  to  whom  the  same  is  payable,  and  make  re- 
port thereof  to  the  said  court.      And  if  damage  be  awarded 
and  the  report  be  confirmed  by  the  said  court,  judgment 
shall  be  entered  thereon,  and  if  the  amount  thereof  be  not 
paid  within  ninety  days  after  the  entry  of  said  judgment,  ex- 
ecution may  be  issued  to  enforce  the  collection  thereof,  as 
in  other  judgments  against  school  districts.     Each  viewer 
shall  be  entitled  to  thfee  dollars  for  every  day  necessaril}7 
employed,  and  five  cents  for  each  mile  circular  necessarily 
traveled,  in  the  performance  of  the  duties  herein  prescrib- 
ed to  be  paid  by  said  district.11 

Power  of  the  school  board  to  take  public  burial  places. 

School  directors  may  appropriate  burial  grounds  for  school  purposes. 

313.  Whenever  the  board  of  directors  or  controllers  of 
of  any  school  district  in  this  Commonwealth  shall  deem  it 


II.     Act  April  4,  1889,  Sec.  3,  P.  L.  25. 


SCHOOL   SITES  125 

desirable  to  occupy  for  purposes  of  common  school  educa- 
tion, either  for  the  erection  of  public  school  houses  or  of 
other  buildings  used  or  to  be  used  for  public  school  purposes, 
or  for  play-grounds,  connected  with  or  belonging  thereto, 
or  of  extending  play-grounds,  or  of  improving  the  sanitary 
conditions  of  any  school  property  or  for  other  school  district 
purposes,  any  grounds  therein  used  as  a  public  burial  place, 
or  which  may  heretofore  have  been  used  as  such,  or  which 
was  or  may  have  been  conveyed  to  or  otherwise  vested  in 
fee,  or  for  any  other  estate  or  trust  in  any  municipal  body 
or  corporation  as  or  for  a  public  burial  place,  such  school 
board  may,  by  resolution  passed  by  the  affirmative  vote  of 
at  least  four-fifths  of  all  the  members  thereof  and  duly  enter  on 
the  minutes,  declare  its  intention  to  take,  use  and  occupy 
the  same  for  the  purpose  or  purposes  aforesaid,  designating 
the  same  in  said  resolution  by  metes  and  bounds  :  Provided, 
No  more  than  one-half  acre  of  ground  shall  at  any  one  time 
be  so  taken  or  occupied  :  Provided  further,  however,  That 
in  cases  where  such  cemetery  or  burial  ground  has  ceased 
to  be  used  as  such,  or  where  no  interment  has  been  made 
therein  for  a  period  of  twenty  years  preceding  the  time  at 
which  such  board  of  school  directors  or  controllers  desires  to 
take  possession  thereof  for  the  purposes  aforesaid,  one  acre 
of  ground  may  be  taken  and  appropriated,  used  or  occupied 
as  aforesaid  :  And  provided  further  also,  That  this  act  shall 
not  apply  to  burial  grounds  belonging  to  religious  societies, 
churches  or  congregations  or  to  private  corporations  or 
associations,  nor  to  such  portions  thereof  as  are  devoted  to 
public  use  or  for  the  burial  of  the  poor,  nor  to  burial 
grounds  on  or  connected  with  almshouse  properties.12 

Court  of  common  pleas  to  appoint  viewers.     Duties  of  viewers. 

314.  After  the  passage  of  said  resolution,  the  court  of 
common  pleas  of  the  proper  county  shall,  on  application  of 
said  board  through  its  president,  appoint  three  discreet  cit- 
izens of  the  county  in  which  said  school  district  is  located 
as  viewers  to  view  and  ascertain  the  damages  done,  and 
likely  to  be  done,  by  reason  of  such  taking,  use  and  occu- 


12.     Act  June  25,  1895,  Sec.  i,  P.  L,.  291. 


126  COMMON   SCHOOL   LAW 

pancy,  and  shall  appoint  a  time,  not  less  than  thirty  nor 
more  than  sixty  days  thereafter,  for  said  viewers  to  meet  at 
or  upon  the  premises  so  to  be  taken,  used  and  occupied,  of 
which  time  and  place  notice  shall  be  given  by  said  board  of 
said  viewers  and  to  all  parties  interested,  by  publication  for 
four  successive  weeks  prior  to  the  day  of  meeting,  in  not 
more  than  four  nor  less  than  two  newspapers  published  in 
said  county.  The  said  viewers  or  any  two  of  them  having 
been  first  duly  sworn  or  affirmed  faithfully,  justly  and  im- 
partially to  decide  and  a  true  report  to  make  concerning  all 
matters  and  things  submitted  to  them,  and  in  relation  to 
which  they  are  authorized  by  law  to  inquire,  and  having 
viewed  the  premises  shall  establish  and  determine  the  quan- 
tity of  said  land  so  to  be  taken,  used  and  occupied  for  the 
purposes  aforesaid,  and  after  having  made  a  fair  and  just  com- 
parison of  the  advantages  and  disadvantages,  they  shall  es- 
timate and  determine  whether  any,  and  if  any,  what  amount 
of  damages  has  been  and  seems  likely  to  be  sustained  by 
reason  of  such  taking,  use  and  occupancy,  and  to  whom  pay- 
able, and  make  report  thereof  to  said  court ;  and  if  dam- 
ages be  awarded  and  the  report  be  confirmed  by  the  said 
court,  judgment  shall  be  entered  thereon  and  execution  to 
enforce  the  collection  thereof  may  be  issued  as  in  other 
cases  of  judgment  against  school  districts,  and  each  viewer 
shall  be  entitled  to  two  dollars  per  day  for  every  day  neces- 
sarily employed  in  the  duties  herein  prescribed,  to  be  paid 
by  the  school  district.13 

Appeal  from  report  of  viewers. 

315.  Upon  the  report  of  said  viewers  or  any  two  of 
Jhem  being  filed  in  said  court,  any  party  interested  may, 
within  thirty  days  thereafter,  except  to  the  same,  or  file  his, 
her,  its  or  their  appeal  from  the  same  to  said  court.  Such 
appeal  shall  be  in  writing  and  accompanied  by  an  affidavit 
of  the  appellant,  or  his,  her,  its  or  their  agent,  chief  officer 
or  attorney,  that  the  same  is.  not  taken  for  the  purpose  of 
delay,  but  because  the  afHant  firmly  believes  that  injustice 
has  been  done  ;  after  such  appeal  either  party  may  put  the 


13.     Act  June  6,  1893,  Sec,  2,  P.  L.  342. 


SCHOOL  SITES  127 

cause  at  issue  in  the  form  directed  by  said  court,  and  the 
same  may  be  tried  by  said  court  and  a  jury,  and  said  pro- 
ceedings shall  be  with  the  same  right  of  appeal  to  the  Su- 
preme Court  as  in  other  cases.'4 

Procedure. 

316.  After  the  damages  so  finally  determined  upon,  if 
any  there  be,  shall  have  been  paid  to  the  parties  in  whose 
favor  they  are  adjudged,  or  to  the  persons  legally  entitled 
thereto,  such  school  district  may,  by  its  board  of  directors 
or  controllers  as  the  case  may  be,  or  by  any  person,  con- 
tractor, agent,  employe  or  officer  thereto  authorized  by  said 
board,  enter  upon,  take,  use  and  occupy  such  ground  and 
erect  building  thereon,  and  do  all  things  necessary  and  con- 
venient for  the  purposes  aforesaid :  Provided,  That  before 
entering  upon,  using  or  occupying  the  same,  four  weeks' 
notice  shall  be  given  by  the  board  by  publication  in  man- 
ner hereinbefore  set  forth,  within  which  time  any  person 
having  any  relative  or  kindred  buried  in  such  burial  place 
may  designate  where  the  same  are  buried  and  make  de- 
mand upon  said  board,  or  the  president  thereof,  that  the  re- 
mains of  such  relative  or  kindred  be  removed  therefrom 
and  separately  interred  elsewhere  and  marked  with  sub- 
stantial stones  with  appropriate  inscriptions  thereon  at  the 
proper  expense  and  charge  of  said  school  district,  which 
said  demand  shall  be  complied  with  before  the  commence- 
ment of  the  erection  of  any  building  on  said  grounds,  and 
said  school  district  shall,  if  necessary,  purchase  other  land 
not  more  than  twice  the  amount  so  to  be  taken  for  the  pur- 
pose of  re-interring  therein  the  remains  of  persons  buried 
in  the  ground  to  be  taken,  and  all  remains,  so  far  as  they 
can  be  found,  shall  be  removed  to  the  grounds  so  purchas- 
ed, or  elsewhere,  and  interred  in  an  orderly  and  decorous 
manner  at  expense  of  said  district,  and  any  grounds  so  pur- 
chased may  thereafter  be  used  as  a  public  burial  place  in 
like  manner  as  the  property  taken  :  Provided,  That  if  any 
party  in  interest  (other  than  such  school  district)  appeal 
from  the  report  of  said  viewers  to  the  court  as  hereinbefore 


14.     Act  June  6,  1893,  Sec.  3,  P.  L.  342. 


128  COMMON   SCHOOL   LAW 

provided  for,  it  shall  nevertheless  be  lawful  for  such  board 
of  school  directors  or  controllers  to  file  in  court  the  bond 
or  obligation  of  such  school  district,  in  such  form  and  in 
such  amount  as  said  court  may  approve,  for  the  use  of  such 
appellant,  conditioned  for  the  payment  unto  such  appellant 
of  all  damages  that  may  ultimately  be  adjudged  unto  the 
appellant,  and  also  for  the  payment  of  all  costs  that  may  be 
adjudged  against  such  school  district,  and  upon  the  ap- 
proval and  filing  of  such  bond  the  said  school  district,  by 
its  board  of  directors  or  controllers,  may  forthwith  have, 
exercise  and  enjoy  all  the  rights  and  privileges  and  do  and 
perform  all  things  to  be  done  in  the  premises  as  herein 
above  directed,  the  same  as  if  final  judgment  had  been  ren- 
dered in  the  cause  and  as  if  all  damages  were  fully  paid.'5 


15.    Act  June  25,  1895,  Sec.  4,  P.  L.  291. 


CHAPTER  XV. 

SCHOOL   HOUSES. 

PAGE 

317.  Buildings  for  school  purposes 129 

318.  Purpose  of  plans  and  specifications  of  school  houses 129 

319.  School  houses 130 

320.  Lighting 130 

321.  Class  rooms.     Air  space 130 

322.  School  boards  may  permit  use  of  grounds  for  recreation  pur- 

poses   130 

323.  Care  and  protection 131 

324.  May  lease  or  permit  use  of  grounds 131 

325.  Protection  of  school  houses 131 

326.  Use  of  school  houses  for  literary  purposes 132 

327.  School  boards  may  purchase  United  States  flags 132 

328.  Fire  escapes 132 

329.  Examination  and  approval  of  fire  escapes '. 133 

330.  Criminal  liability  for  neglect  of  duty 133 

331.  Water  closets 134 

332.  Removal  of  directors  for  failure  to  comply  with  the  require- 

ments   134 

333.  Houses  must  be  separate 135 

334.  Duties  of   school  directors  and  controllers  to  remove  excre- 

ment and  waste  matter 135 

335.  Duty  of   the  president 135 

336.  The  duty  imposed  upon  directors  is  manditory 135 

337.  Powers  of  school  board  to  contract  for  water  supply.     Term 

of   contract .- 138 

338.  Payment  of   costs 138 

339.  Bills  shall  be  audited 138 

340.  Power  of  school  board  to  approve  bond  of  contractors 139 

341.  Void  contracts 139 

342.  Authority  of  contract 139 

343.  Awarding  contracts 139 

344.  Not  required  to  take  bids  for  heating 139 

345.  Unrecorded  acts  not  void 140 

.Buildings  for  school  purposes. 

317.  School  directors  and  controllers  shall  cause  suit- 
able lots  of  grounds  to  be  procured,  and  suitable  buildings 
to  be  erected,  purchased  or  rented  for  school  houses,  and 
shall  supply  the  same  with  the  proper  convenience  and 
fuel.1 
Purpose  of  plans  and  specifications  of  school  houses. 

318. -Whereas,  it  is  of  great  importance  to  the  people 
of  this  Commonwealth  that  public  school  buildings,  here- 


i.     Act  May  8,  1854,  Sec.  23,  P.  L.  621. 


130  COMMON    SCHOOL    LAW 

after  erected  by  any  board  of  education,  school  trustees  or 
school  directors,  shall  be  properly  heated,  lighted  and  venti- 
lated.2 

School  houses. 

319.  In  order  that  due   care  may  be  exercised  in   the 
heating,  lighting  and  ventilating  of  public  school  buildings 
hereafter  erected,  no  school  house  shall  be  erected  by  any 
board  of  education  or  school  district  in  this  state,  the  cost  of 
which  shall  exceed  four  thousand  ($4,000.00)  dollars,  until 
the  plans  and  specifications  for  the  same  shall  show  in  de- 
tail the  proper  heating,  lighting  and  ventilating  of  such 
building.3 

Lighting. 

320.  Light  shall  be  admitted  from  the  left  or  from  the 
left  and  rear  of  class  rooms,  and  the  total  light  area  must, 
unless  strengthened  by  the  use  of  reflecting  lenses,  equal  at 
least  twenty-five  per  centum  of  floor  space.4 

Class  rooms.     Air  Space. 

321.  School  houses  shall  have  in  each  class  room  at 
least  fifteen  square  feet  of  floor  space,  and  not  less  than  two 
hundred  cubic  feet  of  air  space  per  pupil,  and  shall  provide 
for  an  approved  system  of  indirect  heating  and  ventilation, 
by  means  of  which  each  class  room  shall  be  supplied  with  fresh 
air  at  the  rate  of  not  less  than  thirty  cubic  feet  per  minute 
for  each   pupil,  and  warmed  to  maintain   an  average  tem- 
perature of  seventy  degrees  Fahrenheit  during  the  coldest 
weather.5 

Protection  of  school  property    of    cities    and    boroughs.      School 
boards  may  permit  use  of  grounds  for  recreation  purposes. 

322.  It  shall  be  lawful  for  the   ward  or   sub-district 
school  boards,  as  well  as  for  the  central  boards  of  educa- 
tion or  of  school  controllers  or  directors  in  the  several  cities 


2.  Preamble  to  Act  April  22,  1905,  P.  L,.  282. 

3.  Act  April  22,  1905.  Sec.  I  P.  i,.  282. 

4.  Act  April  22,  1905,  Sec.  2,  P.  L.  282. 

5.  Act  April  22,  1905,  Sec.  3,  P.  L,.  282. 


SCHOOL   HOUSES  131 

and  boroughs  of  the  Commonwealth,  to  permit  the  use  of 
the  school  grounds  under  their  jurisdiction  for  park  and 
recreation  purposes  by  the  public.6 

Care  and  protection. 

323.  It  shall  be  lawful  for  all  such  ward  or  sub-district 
school  boards  and  central  boards  of  education,  or  of  school 
controllers  or  directors  in  the  several  cities  and  boroughs  of 
the    Commonwealth,     to    make    arrangements    with    the 
city  or  borough  authorities  for  the  enlargement,  improve- 
ment, care  and  protection  of  the  school  grounds  when  used 
for  park  and  recreation  purposes  by  the  public,  and  power 
is  hereby  conferred   upon  such  city  and  borough  authori- 
ties to    make  such  expenditures  as  may   be  necessary  to 
carry  such  arrangements  into  effect.7 

flay  lease  or  permit  use  of  grounds. 

324.  The  said  city,  borough  and  school  authorities  are 
hereby  empowered  to  make  similar  arrangements  with  cor- 
porations, societies,  associations  or  individuals  having  pro- 
perty which  they  are  willing  to  donate,  lease  or  permit  the 
use  of  for  public  park  or  recreation  purposes,  and  said  city 
and  borough  authorities  are  also  empowered  hereby  to  make 
all   expenditures    necessary    to    make    such    arrangements 
effective.8 

Protection  of  school  houses. 

325.  If   any    person    shall   wilfully   and    maliciously 
break  or  enter  any  public  school  house,  public  school  build- 
ing or  other  building  used  for  public  school  purposes,  or 
any  out  house  used  in  connection  therewith,  or  shall  injure, 
damage  or  destroy   any    school    furniture,    books,    papers, 
maps,  charts  or  apparatus  contained  in  any  public  school 
house  or  other  building  used  and  occupied  for  public  school 
purposes,  he  shall  be  guilty  of  a  misdemeanor,   and  upon 
conviction  thereof  shall  be  sentenced  to  pay  a  fine  not  ex- 
ceeding one  hundred  dollars,  or  undergo  an  imprisonment 

6.  Act  June  26,  1895,  Sec.  i,  P.  L.  331. 

7.  Act  June  26,  1895,  Sec.  2,  P.  L.  331. 

8.  Act  June  26,  1895,  Sec.  3,  P.  L.  331. 


132  •        COMMON   SCHOOL   LAW 

in  the  county  jail  for  a  period  not  exceeding  six  months,  or 
either,  or  both,  at  the  discretion  of  the  court.9 

Use  of  school  houses  for  literary  purposes. 

326.  It  shall  be  lawful  for  school  boards  to  grant  the 
use  of  school  houses  for  lyceum  and  other  literary  purposes, 
non-sectarian,  in  their  respective  districts.10 

School  boards  may  purchase  United  States  flag. 

327.  The  board  of  education  or  the  board   of  school 
trustees  in  the  several  cities,  towns,  townships,  boroughs, 
villages  and  school  districts  of  this  state,  may  purchase  a 
United  States  flag,  flag-staff  and  the  necessary  appliances 
therefor,  and  shall  display  said  flag  upon,  near  or  in  the 
public  school  building  during  school  hours,  and  at  such 
times  as  the  said  board  may  deem  proper ;  and  that  the  nec- 
essary funds  to  defray  the  expenses  to  be  incurred  herein 
shall   be  assessed  and    collected    in  the   same   manner   as 
moneys  for  public  school  purposes  are  now  raised  by  law." 
and  this  act  shall  take  effect  immediately.12 

Fire  escapes. 

328.  All  the  following  described  buildings  within  this 
Commonwealth,  to  be  provided  with  permanent,  safe  exter- 
nal fire  escapes,  to  wit  :- 

Every  building  used  as  a  sanitary,  college,  academy,  hos- 
pital, asylum,  or  hotel  for  the  accommodation  of  the  public, 
every  storehouse,  factory,  manufactory,  or  workshop  of  any 
kind  in  which  employes  or  operatives  are  usually  employ- 
ed at  work  in  the  third  or  any  higher  story,  every  tenement 
house  or  building  in  which  rooms  or  floors  are  usually  let 
to  lodges  or  families,  every  public  hall  or  place  of  amuse- 
ment, every  parochial  or  public  school  building,  when  any 
of  such  buildings  are  three  or  more  stories  in  height,  shall 
be  provided  with  a  permanent,  safe  external  means  of 
escape  therefrom,  in  case  of  fire  independent  of  all  internal 


9.  Act  May  19,  1897,  Sec.  i,  P.  L.  76. 

10.  Act  April  ii,  1901,  Sec.  i,  P.  L.  78. 

11.  Act  July  9,  1897,  Sec.  i,  P.  L.  233. 

12.  Act  July  9,  1897,  Sec.  2,  P.  L.  233. 


SCHOOL   HOUSES  133 

stairways  ;  the  number  and  location  of  such  escapes  to  be 
governed  by  the  size  of  the  building,  and  the  number  of 
its  inmates,  and  arranged  in  such  a  way  as  to  make  them 
readily  accessible,  safe  and  adequate  for  the  escape  of  said 
inmates.  Such  escapes  to  consist  of  outside,  open,  iron 
stairway,  of  not  more  than  forty-five  degrees  slant,  with 
steps  not  less  than  six  inches  in  width  and  twenty-four 
inches  in  length.12 
Examination  and  approval  of  fire  escapes. 

329.  It  shall  be  the  duty   of  the   board    of  fire  com- 
missioners in  conjunction  with  the  fire  marshal  of  the  dis- 
trict where  such  commissioners  and  fire  marshal  are  elect- 
ed or  appointed,   to  first  examine  and  test  such  fire  escape 
or 'escapes,  and,  after  upon  trial  said  fire  escape  or  escapes 
should  prove  to  be  in  accordance  with  the  requirements  of 
section  one  of  this  act,  then  the  said  fire  marshal,  in  con- 
nection with  the  fire  commissioners,  or  a  majority  of  them, 
shall  grant  a  certificate  approving  said  fire  escape,  thereby 
relieving  the  party  or  parties  to  whom  such  certificate  is  is- 
sued, from  the  liabilities  of  fines,  damages  and  imprison- 
ment   imposed    by    this   act :  Provided,   further,    That    in 
counties  where  no  such  fire  marshals  or  fire  commissioners 
exist,  then  the  county  commissioners  in  each  said  county 
shall  be  the  board  of  examiners  and  shall  grant  certificates 
of  approval  when  escapes  are  erected  in  accordance  with  the 
requirements  of  section  one  of  this  act13 

Criminal  liability  for  neglect  of  duty. 

330.  That  even'  person,  corporation,  trustee,  board  of 
education,  and  board  of  school  directors,  neglecting  or  re- 
fusing to  comply  with  the  requirements  of  section  one  of 
this  act,   in  erecting  said  fire  escape  or  escapes  shall  be  li- 
able to  a  fine  not  exceeding  three  hundred  dollars,  and  also 
be  deemed  guilty    of  a   misdemeanor   punishable   by   im- 
prisonment for  not  less  than  orfe  month,  or  more  than  two 
months.     And  in  case  of   fire  occurring  in   any    of  said 
buildings  in  the  absence  of  such  fire  escape  or  escapes,  ap- 


12.  Act  June  3,  1885,  Sec.  i,  P.  L.  68. 

13.  Act  June  3,  1885,  Sec.  2,  P.  L.  68. 


134  COMMON   SCHOOL   LAW 

proved  by  certificate  of  said  officials,  the  said  person  or  cor- 
porations shall  be  liable  in  an  action  for  damages  in  case  of 
death  or  personal  injuries  sustained  in  consequence  of  such 
fire  breaking  out  in  said  building,  and  shall  also  be  deemed 
guilty  of  a  misdemeanor  punishable  by  imprisonment  for 
not  less  than  six  months,  nor  more  than  twelve  months  ; 
and  such  action  for  damages  may  be  maintained  by  any 
person  now  authorized  by  law  to  sue  as  in  other  cases  of 
similar  injuries  :  Provided,  That  nothing  in  this  act  shall 
interfere  with  fire  escapes  now  in  use  approved  by  the  pro- 
per authorities.14 

Water  closets.    Number  and  arrangement  for  each  school. 

331.  Boards   of  school  directors  and  controllers  shall 
provide  suitable  and  convenient  water  closets  for  each  of 
the  schools  under  their  official  jurisdiction,  not  less  than 
two  for  each  school  or  school  building  where  both  sexes 
are  in  attendance,  in  their  respective  school  districts,  with 
separate  means  of  access  for  each,  and  unless  placed  at  a  re- 
mote distance  one  from  the  other,  the  approaches  or  walks 
thereto  shall  be  separated  by  a  substantial,  close  fence,  not 
less  than  seven  feet  in  height,  and  it  shall   be   the  duty  of 
the  directors  or  controllers  to  make  provisions  for  keeping 
the  water  closets  in  a  clean,  comfortable  and  healthful  con- 
dition.'5 

Removal   of  directors   for  failure   to   comply    with   the    require** 
ments. 

332.  Any   failure   on  the  part  of  school  directors  or 
controllers  to  comply  with  the  provisions  of  this  act  shall 
make  them  liable  to  be  removed  from  office  by  the  court  of 
quarter  sessions   of  the  county  in  which  the  schools  are  lo- 
cated, upon  complaint  made  to  the  court,  under  oath  or  af- 
firmation, of  not  less  than  five  taxable  citizens  resident  in 
the  school  district  in  which  the  school  is  located.16 


14.  Act  June  3,  1885,  Sec.  3,  P.  L.  68. 

15.  Act  June  6,  1893,  Sec.  i,  P.  L.  339- 

16.  Act  June  6,  1893,  Sec.  2,  P.  L-  339- 


SCHOOL   HOUSES  135 

Houses  must  be  separate. 

333.  Separate    apartments  under   the  same  roof  will 
not  be  sufficient,  but  separate  houses  for  each  sex,  placed  as 
far  apart  as  possible  must  be  provided  by  the  directors  and 
properly  cared  for  as  the  law  expressly  requires.  7 

Duties  of  school  directors  and  controllers  to  remove  excrement  and 
and  waste  matter. 

334.  The  boards  of  school  directors  and  controllers  of 
each  school  district  of  this  Commonwealth,  be  and  they  are 
hereby  required,  at  least  once  during  each  full  school  term, 
and  prior  to  the  first  of  January  of  each  year,  and  within 
thirty  days  after  the  close  of  each  annual  school  term,   to 
have  taken  out,   removed  and   hauled  away  all  excrement 
and  waste  matter  from  every  outhouse  or  water  closet  con- 
nected with  or  standing  upon  the  premises  of  every  public 
school  house  ill  the  Commonwealth,  or  have  the  same  pro- 
perly disinfected  ;  and  they  are  required  to  have  every  out- 
house or  water  closet  properly  scrubbed,  washed   out  and 
cleaned,  the  inside  walls  whitewashed,  and  the  vaults  or  re- 
ceptacles covered  with  a  layer  of  fresh  dirt  or  dry  slacked 
lime  within  ten  days  of  the  opening  of  each  annual  school 
term.'8 

Duty  of  the  President. 

335.  The  president  of  each  board  of  school  directors 
or  controllers  is  required  each  year  to  certify,  in  the  regular 
form  provided   for  that  purpose,  that  the  requirements  of 
this  act  have  been  fully  carried  out  before  the  district  can 
draw  its  annual  appropriation  from  the  state.19 

The  duty  imposed  upon  directors  is  mandatory. 

336.  Th«  petitioners  ask  for  the  removal  of  the  school 
directors  of  Lower  Salford  Township  for  failure  to  comply 
with  the  provisions  of  the  Acts  of  June  6,  1893,  P.  L,.  339, 
and  June  24,  1895,  P.  L.  254.     The  first  named  act  requires 
the  outhouses  to  be  separated  by  close  fences  not  less  than 


tl.     School  L,aws  and  Decisions,  Page  117,  1903. 

18.  Act  June  24,  1895,  Sec.  i,  P.  L,.  254. 

19.  Act  June  24,  1895,  Sec.  2,  P.  L,.  254. 


136  COMMON    SCHOOL   LAW 

seven  feet  in  height,  and  that  the  water  closets  shall  be 
kept  in  a  clean,  comfortable  and  healthy  condition  ;  the  sec- 
ond act  also  provides  for  the  cleansing,  etc.,  of  the  closets. 
For  a  failure  to  comply  with  the  act  of  1893  the  directors 
are  liable  to  be  removed ;  and  unless  the  president  of  the 
school  board  certifies  that  the  requirements  of  the  act  of 
1895  have  been  fully  carried  out,  the  state  appropriation 
cannot  be  drawn  by  the  district. 

There  can  be  no  doubt  that  neither  act  has  been  com- 
plied with  according  to  the  spirit  and  intent  of  the  law,  and 
we  would  under  the  testimony  be  fully  justified  in  removing 
the  directors.  The  duty  imposed  on  the  officers  is  manda- 
tory, and  no  one  can  question  the  propriety  of  the  law 
which  imposes  these  duties.  They  are  necessary  for  the 
health,  comfort  and  morals  of  the  children  who  attend 
the  schools.  We,  however,  recognize  the  fact  that  the  re- 
spondents are  respectable  citizens  who  have  not  wilfully 
neglected  their  duties  as  they  understood  them,  but  have 
erred  because  of  their  ignorance  of  the  law.  They  are  thus 
liable  to  be  removed ;  but  the  court  is  not  compelled  to 
impose  removal  where  it  is  satisfied  that  the  neglect  was 
merely  a  mistake  of  judgment.  Their  willingness  to  abide 
by  the  order  of  the  court  and  their  action  since  their  atten- 
tion has  been  called  to  the  matter,  justify  us  in  the  conclu- 
sion that  now  that  their  attention  has  been  called  to  the 
requirements  of  the  law  that  there  will  be  no  further  reason 
for  complaint  on  these  grounds. 

We  are  convinced  that  the  so-called  "fence"  is  in  no 
sense  what  is  intended  or  required.  The  law  reads  :  "  The 
approaches  or  walks  thereto  (outhouses)  shall  be  separated 
by  a  substantial  close  fence  not  less  than  seven  feet  in 
height."  We  cannot  by  general  terms  say  what  is  meant 
by  "the  approach  or  walk"  so  as  to  apply  to  all  cases. 
Much  may  depend  upon  the  shape  and  size  of  the  lot,  the 
distance  from  school  to  outhouse,  the  location  of  the  build- 
ings, etc.  In  some  cases  to  build  a  fence  from  school  to 
outhouse  may  entirely  destroy  the  lot  as  a  playground,  and 
in  others  it  might  require  a  removal  of  buildings  or  the 
purchase  of  more  ground.  In  each  case  there  ought  at 


SCHOOL  HOUSES  137 

least  to  be  a  substantial  compliance  with  the  words  of  the 
law — sufficient  to  separate  the  sexes  in  going"  to  and  fro. 
In  the  case  in  hand  a  mere  screen  in  front  of  the  door 
amounts  to  nothing;  and  when  the  law  says  seven  feet,  six 
feet  is  not  a  compliance,  but  an  evasion.  Where  the  ground 
will  admit  of  so  doing,  the  safer  plan  is  to  have  the  whole 
walk  separated;  or  where  the  removal  of  the  outhouse  or 
the  building  of  an  additional  one  will  enable  the  walk  to 
be  separated,  this  should  be  done.  As  we  have  already 
stated,  we  cannot  decide  all  the  cases  in  advance,  and  only 
make  these  suggestions  as  rules  which  may  enable  the 
directors  to  fulfill  their  duties.  It  is  unnecessary  to  say 
anything  further  in  relation  to  the  condition  of  the  out- 
houses. They  must  be  kept  clean  and  in  good  repair,  and 
turther  neglect  on  this  score  will  not  be  overlooked. 
School  directors  when  they  assume  office  have  a  duty  to 
the  public  which  requires  them  to  visit  the  schools  and  to 
inquire  into  the  condition  of  the  grounds  and  buildings. 
This  is  not  to  be  left  to  the  teacher.  It  is  a  duty  iiicu  in- 
bent  on  the  director,  and  unless  he  is  willing  to  attend  to  it 
he  should  resign  or  be  removed.  A  neglect  of  duty  may 
cause  the  withholding  of  the  state  appropriation,  and 
result  in  closing  the  schools  for  want  of  funds.  Directors 
who  would  risk  such  a  result  are  unworthy  of  the  trust  re- 
posed in  them. 

Complaint  is  also  made  because  of  the  employment  of 
an  improper  person  as  teacher.  But  we  are  unwilling  to  in- 
terfere with  the  discretion  imposed  on  the  directors  in  this 
matter.  The  teacher  received  a  certificate  from  the  county 
superintendent  after  his  attention  had  been  called  to  the 
matter,  and  there  does  not  appear  to  have  been  any  recent 
acts  of  impropriety  by  the  party  to  whom  reference  is  made. 
If  the  school  board  are  satisfied  to  have  their  own  children  sit 
under  such  a  man,  we  must  assume  that  they  have  confi- 
dence in  him. 

The  last  complaint  is  one  over  which  we  have  no  con- 
trol except  in  a  plain  case  of  abuse  of  discretion.  The  di- 
rectors must  be  vested  with  authority  to  decide  as  to  the 
number  of  pupils  to  be  assigned  to  a  school,  and  also  which 


138  COMMON   SCHOOL   LAW 

school  the  pupil  is  to  attend.  No  unjust  discrimination  is 
apparent  in  this  case,  although  we  think  it  would  have  been 
a  charitable  and  humane  act,  considering  the  physical  con- 
dition of  the  boy,  to  have  listened  to  the  father's  request. 
The  interest  of  the  child  is  more  to  be  considered  than  any 
feeling  of  opposition  to  the  parent. 

We  are  impressed  with  the  idea  that  this  case  will  be 
productive  of  good  by  calling  the  attention  of  directors  in 
this  and  other  townships  to  the  provisions  of  the  law 
claimed  to  have  been  violated.  We  do  not  think  that  there 
have  been  any  wilful  violations,  but  that  in  some  cases  there 
has  been  too  much  indifference  shown  by  the  directors,  who 
fail  to  realize  that  their  duties  are  active  and  require  more 
from  them  than  merely  to  meet  periodically  to  elect 
teachers,  etc.20 

Power  of  school  board  to  contract  for  water  supply.    Term  of 
contract. 

337.  The  school  boards  of  the  several  townships  or 
school  districts  within  this  Commonwealth,  shall  have  full 
power  and  authority  to  contract  with  any  person,  company 
or  association  to  furnish  the  said  township  or  district  with 
a  sufficient   supply    of  water  for   protection   from    fire  or 
for  sanitary   purposes   for  a  period  not  exceeding  three  (3) 
years,  and  to  locate  and  erect  fire  plugs  in  close  proximity  to 
the  school  buildings.21 

Payment  of  costs. 

338.  The  school  boards  as  aforesaid  shall  make  a  record 
of  such  contract  as  they  may  enter  into,  including  the  cost 
thereof,  which  they  are  hereby  authorized  to  pay  out  of  any 
funds  in  the  treasury  not  otherwise  appropriated.22 

Bills  shall  be  audited. 

339.  The  township  auditors  shall  pass  upon  such  bills, 
and  their  action  thereon  shall  have  the  same  effect  as  upon 
other  expenditures  of  such  school  boards.23 


20.  School  Directors  of  Lower  Salford  Township,  19  Pa.  C.  C.  264,  1897. 

21.  Act  June  24,  1895,  Sec.  i,  P.  L.  245. 

22.  Act  June  24,  1895,  Sec.  2,  P.  L.  245. 

23.  Act  June  24,  1895,  Sec.  3,  P.  L.  245. 


SCHOOL   HOUSES  139 

Power  of  school  boards  to  approve  bond  of  contractors. 

340.  The  approval  of  the  bond  of  a  bidder  for  the  erec- 
tion of  a  school  building  is  entirely  within  the  discretion  of 
the  board  of  school  directors,  and  the  court  has  neither  the 
power  nor  inclination  to  interfere  with  the  exercise  of  that 
discretion,  except  in  cases  of  gross  abuse  of  it.     The  mem- 
bers of  a  school  board  are  as  well,  and  in  most  cases  better, 
able  to  determine  the  sufficiency  of  a  bond  than  the  court. 

If  they  have  any  doubt  about  the  sufficiency  of  a  bond 
offered  for  their  approval,  it  is  their  duty  to   the  public  to 
refuse  to  approve  it,  and  if  it  is  an  honest  doubt,  it  is  not 
material  whether  it  is  well  founded  or  not.24 
Void  contracts. 

341.  A  contract  made  between  a  corporation  and  a 
board  of  school  directors  to  build  a  school  building  is  illegal 
and  void  if  a  member  of  the  school  board  is  also  a  stock- 
holder in  the  corporation,  such  contract  being  in  violation 
of  sec.  66  of  the  Act  of  March  31,  1860. 25 

Authority  to  contract. 

342.  Parties  dealing  with  the  officers  of  a  school  board 
are  bound  to  inform  themselves  as  to  the  right  and  author- 
ity of  such  officials  to  bind  the  district  in  making  contracts 
for  supplies.26 

Awarding  contracts. 

343.  School  directors  are  not  required  to  advertise  for 
bids  for  the  erection  of  school  houses,  or  to  award  the  con- 
tract to  the  lowest  responsible  bidder.27 

Not  required  to  take  bids  for  heating. 

344.  It  was  held  that  a  school  board  is  not  required  to 
take  bids  before  letting  a  contract  for  heating  a  school 
house,  but  may  let  the  contract  in  any  manner  it  may  deem 
proper  if  this  discretionary  power  is  not  abused.28 


24.  Fritchey  vs.  School  Directors.  19  Pa.  C.  C.  388,  1897. 

25.  Elmwood  Lumber  Co.  vs.  Frey,  19  Pa.  C.  C.  56,  1897. 

26.  Rutledge  vs.  McCue,  10  Kulp  57,  1900. 

27.  Taylor  vs.  School  District,  4  Lack.  Leg.  N.  231,  1898. 

28.  Zies  vs.  Latimer,  28  P.  L.  J.  366,  1898. 


140  COMMON   SCHOOL   LAW 

Unrecorded  acts  not  void. 

345.  At  a  meeting  of  the  board  of  school  directors,  22d 
September,  1849,  the  directors,  being  all  present,  unani- 
mously authorized  and  directed  Thomas  Templeton,  pres- 
ident of  the  board,  to  enter  into  an  article  on  behalf  of  the 
directors,  with  John  McBride  for  the  building  of  a  school 
house  in  the  township. 

In  pursuance  of  those  instructions,  Thomas  Temple- 
ton,  as  president,  and  on  behalf  of  the  board  of  directors, 
made  an  agreement  in  writing,  under  seal,  with  the  said 
John  McBride,  to  build  for  the  plaintiffs  a  school  house,  in 
the  said  township,  as  specified  therein,  and  to  finish  it  in 
May,  1850,  for  which  the  directors  were  to  pay  him  $220.00. 
The  article  was  lost,  but  it  was  testified  that  it  was  signed 
by  the  president  of  the  board  of  school  directors,  and  by  Mc- 
Bride, with  a  seal  to  each  name.  McBride  built  the  house, 
and  the  directors  having  paid  him  the  whole  amount  of  the 
consideration,  except  about  $20.00,  brought  this  suit  to  re- 
cover damages,  both  on  account  of  defective  materials  and 
defective  work. 

The  lower  court  instructed  the  jury  that  the  recorded 
minutes  of  the  school  directors  were  the  only  evidence  of 
their  acts,  and  that  their  acts,  as  a  board,  could  not  be 
proved  by  parol. 

On  appeal  Supreme  Court  reversed  the  judgment  and 
awarded  a  new  trial.  Justice  Lowrie  said  : 

"  In  School  Directors  vs.  Cline  we  held  that  school  di- 
rectors '  are  a  public  body,  bound  to  keep  a  record  of  their 
proceedings,  and  all  their  acts  should  appear  on  record,'  and 
this  is  true  :  but  this  is  not  a  declaration  that  their  unre- 
corded acts  are  void.  It  indicates  the  duty  of  the  directors 
to  their  constituents,  and  not  to  those  with  whom  they  are 
contracting — a  duty  the  neglect  of  which  may  be  of  serious 
consequence  to  the  district  or  to  the  directors  themselves, 
but  upon  which  contractors  with  the  directors  do  not  rely, 
and  by  which  they  are  not  intended  to  be  affected,  and  to 
the  neglect  of  which  they  cannot  object." 


SCHOOL   HOUSES  141 

"The  administration  of  the  public  business  relating  to 
roads,  poor,  and  schools,  can  always  be  best  performed  by 
township  officers  ;  and,  unaccustomed  as  many  of  them  are 
to  the  forms  of  conducting  the  business  of  public  bodies, 
their  acts  must  be  treated  as  valid  when  found  to  be  the  re- 
sult of  joint  consultation,  even  though  the  form  of  record- 
ing them  has  been  omitted."  2g 


29.     School  Directors  vs.  McBride,  22  Pa.  215,  1853. 


CHAPTER  XVI. 

INDEBTEDNESS. 

PAGE 

346.  School  board  may  borrow  money 143 

347.  Amount  of  indebtedness  limited  by  the  constitution 143 

348.  No  matter  how  small  the  excessover  the  constitutional  limita- 

tion, the  increase  shall  be  restrained 144 

349.  Without  an  election,  decree  of  court  authorizing  indebtedness 

over  2  percent,  is  null  and  void 144 

350.  Not  a  violation  of  the  constitution  whereby  adjusting  indebt- 

edness between  new  and  old   district  an  indebtedness  ex- 
ceeding two  per  cent,  is  charged  against  one 144 

351.  Resolution  of  school  board  to  lay  au  annual  tax  for  support  of 

library  not  an  increase  of  indebtedness  under  the  constitu- 
tion   144 

352.  What  the  word  "indebtedness"  shall  include 146 

353.  Calculating  assets  and  liabilities  to  determine  indebtedness —  146 

354.  Statement  of  indebtedness  to  be  published  annually 147 

355.  Annual  tax  for  the  payment  of  interest  and  debt  required  by 

the  constitution 147 

356.  Debt  may  be  increased  by  vote.     Manner  of  payment.     State- 

ment    147 

357.  Provisions  of  the  acts  providing  for  an  increase  of  indebted- 

ness must  be  strictly  complied  with 149 

358.  Statement  must  show  ''actual  indebtedness" 149 

359.  Notice  of  election  on' question  of  increase.     Statement.     Elec- 

tion    150 

360.  Result  of  election.     If  for  increase,  tax  to  be  levied  for  pay- 

ment    151 

361.  Act  of  April  18,  1895,  limited  increase  of  debt  at  any  time  to 

two  per  cent 152 

362.  Bonds  may  be  redeemed  before  or  after  maturity  with  consent 

of  holders 152 

363.  Refunding  and  redemption  of  existing  indebtedness  incurred 

prior  to  April  28,  1875 153 

364.  Bonds  issued  since  April  i8th,  1895,  validated 154 

365.  Bona   fide   purchasers   of  school   bonds   or    other   securities. 

School  district  cannot  deny  statement  to  repudiate  bonds...   154 

366.  Where  debt  is  lawful,  though  some  provisions  of  the  act  are 

not  complied  with,  court  will   protect  innocent  purchasers 

of  bonds 155 

367.  Illegality  of  assessment  does  not  invalidate  bonds 155 

368.  Court  of  common  pleas  has  authority  to  authorize  debt  under 

act  of  1871 155 

369.  Power  of  the  court  of  common  pleas  to  adjust  indebtedness 156 

370.  The  act  of  1871,  above  quoted,  not  repealed  by  the  act  of  1874.   156 

371.  Court  may  appoint  an  examiner  to  take  testimony  where  peti- 

tion is  presented  to  borrow  money 157 

372.  Issuing  of  bonds  in  pursuance  of  centralization 157 

373.  How  to  validate  indebtedness  created  by  school  directors  with- 

out assent  of  electors 158 


INDEBTEDNESS  143 

PAGE 

374.  Duties  of  corporate  authorities.     Notice 158 

375.  Election.     Tickets.     Time  of  holding.     Expenses 159 

376.  Election  to  be  governed  by  existing  laws 159 

377.  When  debt  shall  become  valid.     Tax  to  pay  debt 160 

378.  Recall  of  bonds  irregularly  issued 160 

379.  Where  act  shall  not  apply 160 

380.  Adjustment  of   indebtedness  where  new  districts  are  formed 

by  the  erection  of  boroughs  out  of  townships;  where  town- 
ship has  been  merged  into  more  than  one  borough,  etc. 
Court,  sitting  in  equity,  to  adjust  and  apportion  indebted- 
ness   161 

381.  Act  of  June  24,  1895,  constitutional 162 

382.  Measure  of  value  of  school  property  in  adjusting  indebtedness.   162 

383.  Court  may  pass  upon  the  claims  of  third  parties  iu  adjusting 

indebtedness 162 

384.  Court  may  appoint  auditor  to  report  upon  adjustment 163 

385.  Notice  to  persons  to  present  claims.     Failure  to  present,  etc...  163 

386.  Court  to  make  necessary  rules  for  collection  and  payment  of 

the  adjusted  indebtedness 164 

387.  Court  may  appoint  receiver  to   whom   money  shall  be  paid. 

Duties  of 164 

388.  How  indebtedness  and  balance  in  the  treasury  shall  be  cred- 

ited    164 

389.  Costs,  how  paid „ 165 

School  board  may  borrow  money. 

346.  For  the  purpose  of  erecting  school  houses  or  pur- 
chasing ground  whereon  to  erect  school  houses,  it  shall  be 
lawful  for  the  directors  or  controllers  of  any  district  to  bor- 
row money  at  a  rate  of  interest  not  exceeding  six  per  centum, 
and  issue  bonds  therefor  in  sums  of  not  less  than  one  hun- 
dred dollars  each.1 

Amount  of  indebtedness  limited  by  the  constitution. 

347.  The  debt,  of  any  county,  city,  borough,  township, 
school  district,  or  other  municipality  or  incorporated  dis- 
trict, except  as  herein  provided,  shall  never  exceed  seven  per 
centum  upon  the  assessed  value  of  the  taxable  property 
therein,  nor  shall  any  such  municipality  or  district  incur 
any  new  debt,  or  increase  its  indebtedness,  to  an  amount 
exceeding  two  per  centum  upon  such  assessed  valuation  of 
property,  without  the  assent  of  the  electors  thereof,  at  a  pub- 
lic election  in  such  manner  as  shall  be  provided  by  law.2 


1.  Act  May  8,  1854,  Sec.  2*2,  P.  !„  617. 

2.  Constitution  of  Penna,,  Art.  IX.,  Sec.  8. 


144  COMMON   SCHOOL   LAW 

No  matter  how  small  the  excess  over  the  constitutional  limitation, 
the  increase  shall  be  restrained. 

348.  "  Defendants  claim  that  the  margin  is  so   small 
and  insignificant  that  the  right  of  the  plaintiffs  to  an  injunc- 
tion is  at  best  doubtful  on  their  own  showing  ;  but  we  hold 
that  once  it  is  clearly  shown  a  school  district  has  increased 
its  indebtedness  beyond  the  constitutional  limitation  an  in- 
junction must  be  allowed.     Whether  the  excess  is  $100.00 
or  $1,000.00  or  more  makes  no  difference."  3 

Without  an  election,  decree  of  court  authorizing  indebtedness  over 
two  per  cent,  is  null  and  void. 

349.  A  decree  of  court  authorizing  a  school  district  to 
borrow  money  to  an  amount  increasing  its  indebtedness 
more  than  two  per  cent,  upon  the  valuation  of  the  property, 
without  the  assent  of  the  electors,  being  void,  equity  will 
enjoin  the  performance  of  a  contract  entered  into  for  the 
purpose  of  building  a  school  house  with  the  proceeds  of 
such  loan.4 

Not  a  violation  of  the  constitution  whereby  adjusting  indebtedness 
between  new  and  old  district  an  indebtedness  exceeding  two 
per  cent,  is  charged  against  one. 

350.  ''A  decree  of  the  court  of  common  pleas   of  the 
proper  county,  sitting  in  equity,  adjusting  the  indebtedness 
between  a  new  school  district  and  the  original  district,  of 
which  it  formerly  constituted  a  part,  in  accordance  with  the 
provisions  of  the  act  of  June  24,  1895,  P.  L.  259,  is  not  in 
conflict  with  Art.  IX.,  Sec.  8,  of  the  Constitution  of  Penn- 
sylvania, though  the  result  of  such  decree  may  be  to  charge 
the  new  district  with  an  indebtedness  exceeding  two  per  cent, 
of  the  assessed  valuation  of  taxable  property."  5 

Resolution  of  school  board  to  lay  an  annual  tax  for  support  of 
library  not  an  increase  of  indebtedness  under  the  constitu- 
tion. 

351.  The  Norristown  School  Board,  at  a  regular  meet- 
ing held  May  3,  1901,  passed  the  following  resolution  : 

"  Whereas,  Hon.  Andrew  Carnegie  made  the  following 
proposition  :  '  If  Norristown  will  provide  a  suitable   site, 


3.  Dolan  et  al.  vs.  Lackawanna  School  District,  10  D.  R.  694,  1901. 

4.  Luburg's  Appeal,  23  W.  N.  C.  454,  1889. 

5.  Parker  Twp.   School  District  vs.  Bruin  fioro.  School  Dist.  13  D.  R. 

769,  1901. 


INDEBTEDNESS  145 

and,  by  ordinance,  agree  to  tax  itself  to  extent  of  $5,000.00 
a  year  for  the  support  of  library,  ...  he  will  be  glad 
to  give  $50,000.00  for  a  library  building  ;' 

"  And  whereas,  the  citizens  of  Norristown  and  else- 
where, by  public  subscription,  are  providing  (with  other 
money  made  available)  the  necessary  means  to  purchase  the 
Slingluff  property,  opposite  the  high  school,  at  the  price  of 
$20,000.00  as  and  for  the  most  suitable  site  for  a  new  pub- 
lic library  ; 

"  Therefore,  be  it  and  it  is  hereby  resolved  by  the  board 
of  school  directors  of  the  borough  of  Norristown,  in  regu- 
lar meeting  assembled,  and  acting  by  virtue  of  the  power 
invested  in  said  school  board  under  the  act  of  the  Gen- 
eral Assembly  of  the  Commonwealth  of  Pennsylvania,  passed 
June  28,  1895,  and  supplements,  in  consideration  of  the 
offer  of  the  Hon.  Andrew  Carnegie  to  give  the  sum  of  $50,- 
ooo.oo  for  the  erection  of  a  public  library  building,  and  of 
the  donations  by  those  contributing  moneys  for  the  pur- 
chase of  a  suitable  site,  the  same  are  hereby  duly  accepted, 
and  the  said  school  board  agrees  annually  to  lay  a  tax  on  the 
valuation  of  the  property  assessed  for  school  purposes  suf- 
ficient to  raise  the  sum  of  $5,000.00,  which  tax  shall  be 
collectible  as  the  school  taxes  of  the  district  are  at  the  time 
of  collecting  the  same ;  and  said  sum  of  $5,000.00  so 
annually  collected  shall  be  appropriated  for  and  toward  the 
support,  maintenance  and  increase  of  said  free  public 
library." 

Among  others,  the  following  objections  to  the  tax  were 
raised  :  "The  action  of  the  school  board  constitutes  an  at- 
tempt not  only  to  impose  upon  the  district  a  permanent  in- 
debtedness without  provision  for  redemption,  but  an  in- 
debtedness in  excess  of  the  constitutional  limit  of  two  per 
cent." 

The  court  said  :  "  If  the  action  of  the  school  board  is 
to  be  considered  as  the  creation  of  a  debt,  then  either  of  the 

reasons  assigned  would  be  fatal  to  the  library  project 

We  are  of  the  opinion  that  the  agreement  or  resolution  of  the 
school  board  to  levy  an  annual  tax  of  $5,000.00  for  the  sup- 
port of  a  library  is  not  the  creation  of  a  debt  within  the 


146  COMMON   SCHOOL   LAW 

meaning  of  any  act  of  assembly  or  of  the  constitution.  .  .  . 
The  proposition  before  us  is  not  to  create  a  debt  within  the 
meaning  of  the  constitution,  but  to  increase  the  current  rev- 
enue of  the  school  district  for  a  lawful  purpose,  and  in  an 
amount,  as  the  facts  before  us  disclose,  far  below  the  max- 
imum limit  stated  in  the  act  of  1895.  If  the  time  should 
ever  come  when  the  assessed  valuation  of  property  in  the 
Norristown  school  district  should  fall  below  $5,000,000.00, 
and  the  law  should  remain  as  it  is  now,  the  levy  could  not 
exceed  one  mill.  Or,  if  a  future  school  board  should  refuse 
to  make  a  levy  of  any  amount  for  the  maintenance  of  the 
library,  we  have  very  little  doubt  as  to  the  remedy  by  man- 
damus. But  these  questions  are  not  before  us  now.  In  the 
particular  phase  of  the  case  now  under  discussion,  the  ques- 
tion is,  whether  by  any  rule  of  construction  the  action  of 
the  school  board  can  be  considered  as  an  increase  of  debt 
within  the  inhibition  of  the  constitution.  We  are  clearly 
of  the  opinion  that  it  is  not.  "  6 

What  the  word  "  indebtedness  "  shall  include. 

352.  The  word  "  indebtedness,"  used  in  this  act,  shall 
be  deemed,  held  and  taken  to  include  all  and  all  manner  of 
debt,  as  well  floating  as  funded,  of  the  said  municipality  ; 
and  the  net  amount  of  such  indebtedness  shall  be  ascertained 
by  deducting  from  the  gross  amount  thereof,  the  moneys  in 
the  treasury,  all  outstanding  solvent  debts,  and  all  revenues 
applicable  within  one  year  to  the  payment  of  the  same.7 

Calculating  assets  and  liabilities  to  determine  indebtedness. 

353.  "  111  calculating  the  assets   and    liabilities    of  a 
school  district  to  determine  whether  certain  contracts  au- 
thorized by  the  district  are  unlawful  by  reason  of  their  in- 
creasing the  indebtedness  of  the  district  beyond  its  consti- 
tutional limitation. 

"  (a)  The  commissions  and  exonerations  must  be  de- 
ducted from  the  amount  claimed  as  an  asset  due  the  district 
from  taxes. 


6.  Slieetz  et  al.  vs   Norristown  Boro.  School  Dist.  n  D.  R.  403,  1901. 

7.  Act  April  20,  1874,  Sec.  5,  P.  I,.  65. 


INDEBTEDNESS  147 

"  (b)  The  value  of  certain  lots  of  the  school  district,  es- 
timated at  the  amount  of  allowance  which  one  of  the  con- 
tractors offers  to  make  for  them,  if  the  school  district  will 
let  them  go  at  that  price,  is  too  problematic  an  asset  to  be 
considered  as  such. 

"  (c)  The  right  of  the  new  board  to  levy  a  tax  for  build- 
ing purposes  is  not  an  asset. 

"  (d)  Money  due  the  school  district  from  another  school 
district,  on  an  adjustment  of  the  assets  and  liabilities  be- 
tween them,  is  an  asset,  although  the  exact  amount  thereof 
has  not  been  determined  by  the  auditor  appointed  for  that 
purpose."  8 
Statement  of  indebtedness  to  be  published  annually. 

354.  The  corporate  authorities  of  every  such  munici- 
pality or  district  shall,  annually,  in  the  month  of  January, 
prepare  and  publish  in  at  least  two  newspapers  of  said  mu- 
nicipality or  of  the  county  in  which  the  same  is  situate,  if 
so  many  be  printed  therein,  a  statement  showing  in  detail 
the  actual  indebtedness,  the  amount  of  the  funded  debt,  the 
amount  of  the  floating  debt  thereof,  and  valuation   of  tax- 
able property  therein,  the  assets  of  the  corporation,  with  the 
character  and  nature  thereof,  and   the  date  of  maturity  of 
the  respective  forms  of  funded  debt  thereof,  and  a  neglect  or 
failure  so  to  do  shall  be  a  misdemeanor,  punishable  by  fine 
not  exceeding  one  thousand  dollars.9 

Annual  tax  for  the  payment  of  interest  and  debt  required  by  the 
constitution. 

355.  Any  county,  township,  school  district,  or  other 
municipality,  incurring  any  indebtedness,  shall,  at  or  be- 
fore the  time  of  so  doing,  provide  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest,  and  also  the  prin- 
cipal thereof  within  thirty  years.10 

Debt  may  be  increased  by  vote,     flanner  of  payment.     Statement. 

356.  Any   county,    city,   borough,    school  district    or 
other  municipality  or  incorporated  district  may  incur  debt, 


8.  Dolan  et  at.  vs.  t,ackawanna  School  District,  10  D.  R.  694,  1901. 

9.  Act  April  20,  1874,  Sec.  6,  P.  L.  65. 

10.     Constitution  of  Penna.,  Art.  IX.,  Sec.  10. 


148  COMMON   SCHOOL   LAW 

or  increase  its  indebtedness  to  an  amount  in  the  aggregate 
not  exceeding  two  per  centum  upon  the  assessed  value  of  the 
taxable  property  therein,  as  fixed  and  determined  by  the  last 
preceding  assessed  valuation  thereof;  and  the  corporate  au- 
thorities of  such  municipality  may,  by  a  vote  thereof  duly 
recorded  upon  its  minutes,  authorize  and  direct  the  incur- 
ring or  the  increase  of  such  debt  to  the  amount  aforesaid, 
and  may  issue  coupon  bonds  or  other  securities  therefor  in 
sums  not  less  than  one  hundred  dollars  each,  bearing  inter- 
est at  a  rate  not  exceeding  six  per  centum  per  annum,  pay- 
able semi-annually,  and  the  principal  thereof  reimbursable 
at  a  period  not  exceeding  thirty  years  from  the  date  at 
which  the  same  is  authorized ;  and  an  annual  tax  com- 
mencing the  first  year  after  such  debt  shall  be  increased  or 
incurred  sufficient  for  the  payment  of  the  interest  thereon, 
and  the  principal  of  such  debt  within  a  period  not  exceed- 
ing thirty  years  from  the  date  of  such  increase  shall  be 
forthwith  assessed.  Before  issuing  any  such  obligation  or 
security,  it  shall  be  the  duty  of  the  principal  officer  or  of- 
ficers of  such  municipality  or  incorporated  district  to  pre- 
pare a  statement,  showing  the  actual  indebtedness  of  such 
district,  the  amount  of  the  last  preceding  assessed  valuation 
of  the  taxable  property  therein,  the  amount  of  debt  to  be  in- 
curred, the  form,  number  and  date  of  maturity  of  the  obli- 
gations to  be  issued  therefor,  and  he  shall  make  and  append 
thereto  his  oath  or  affirmation  of  the  truth  of  the  facts 
therein  stated,  and  shall  file  the  said  statement  in  the  office 
of  the  clerk  of  the  court  of  quarter  sessions  of  the  proper 
county  ;  upon  failure  so  to  do,  he  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  punished  as 
provided  in  the  first  section  of  this  act.  Certified  copies  of 
the  record  of  such  statement  under  the  seal  of  said  court 
shall  be  competent  evidence  in  all  the  courts  of  this  Com- 
monwealth :  Provided,  That  the  bonds  shall  not  be  sold  at 
less  than  their  par  value.11 


II.     Act  April   13,  1897,  P.  L.  17.  amending  Sec.    2,  Act  April  20,  1874, 
P.  L.  65. 


INDEBTEDNESS  149 

Provisions  of  the  acts  providing  for  an  increase  of  indebtedness 
must  be  strictly  complied  with. 

357.  "The  provisions  of  the  act  of  April  20,  1874  (and 
amendments),  for  increasing  an  indebtedness  of  a  school 
districtexceeding  two  per  cent,  of  its  assessed  valuation,  must 
be  strictly  complied  with.     The  absence  of  a  valid  notice  of 
an  election  upon  the  question  of  increase  of  indebtedness, 
as  required  by  the  act  of  1874,  the  omission  of  the  school 
board  to  levy  an  annual  tax  to  pay  the  interest,  etc.,  as  re- 
quired by  Sec.  10,   Art.  IX.,  of  the  Constitution,  and   the 
failure  to  file  a  statement  showing  the  indebtedness,  etc.,  as 
required  by  the  act  of  1874,  will  prevent  the  issuing  of 
bonds. 

"The  spirit  of  the  act  of  1874  requires  publication  of 
notice  of  such  election  to  be  weekly  for  the  thirty  days  im- 
mediately preceding  the  election."  I2 

Statement  must  show  "  actual  indebtedness." 

358.  The  evident  legislative  intent,  permeating  the  en- 
tire statute  law  on  the  subject  of  municipal  debt,  is  that  it 
shall  not  be  done  in  the  dark — that  the  people  who  pay  are 
entitled  to  know  what  they  are  paying  for.     And   so,  the 
statement  required  to  be  published  at  the  end  of  the  fiscal 
year  must  show  the  indebtedness   in  detail,  and  that  re- 
quired to  be  filed  in  the  office  of  the  clerk  of  quarter  ses- 
sions must  show,  not  the  probable  amount  of  indebtedness 
as  guessed  at,  but  the  "  actual  indebtedness  "  as  ascertained. 
What  that  is  lies,  or  should  lie,  peculiarly  within  the  knowl- 
edge of  the  school  directors.     Where  the  correctness  of  their 
filed  statement  in  this  regard  is  attacked,   the  burden  is, 
therefore,  upon  them  to  support  it ;  and  when,  as  here,  the 
evidence  develops  the  fact  that  the  directors  did  not  know 
what  the   u  actual  indebtedness  "  of  the  district  was,  it  is 
sufficiently  obvious  that  they  could  not,  and  hence  did  not, 
file  a  statement  "showing  the  actual  indebtedness  of  such 
district "  as  required  by  law,  and,  therefore,  have  no  author- 
ity to  issue  the  bonds  in  question."  I3 


12.  Witherop  vs.  Titusville  School  Board  et  al.,  7  Pa.  C.  C.  451,  1889. 

13.  Mason  vs.  School  District,  10  Kulp  563,  1890, 


150  COMMON    SCHOOL    LAW 

A   board    of  school    directors    shall    not  be    enjoined 
from  incurring  a  debt  which  they  deny  will  exceed  the  legal 
amount  and  the  proofs  fail  to  disprove  it.14 
Notice  of  election  on  question  of  increase.     Statement.     Election. 

359.  The  indebtedness  of  any  county,  city,  borough, 
township,  school  district  or  other  municipality  or  incor- 
porated district  in  this  Commonwealth,  may  be  authorized 
to  be  increased  to  an  amount  exceeding  two  per  centum,  and 
not  exceeding  seven  per  centum,  upon  the  last  preceding  as- 
sessed valuation  of  the  taxable  property  therein,  with  the 
assent  of  the  electors  thereof,  duly  obtained  at  a  public  elec- 
tion to  be  held  in  the  said  district  or  municipality.  When- 
ever the  corporate  authorities  of  any  county,  city,  borough, 
township,  school  or  other  municipality  or  incorporated 
district,  by  their  ordinance  or  vote  shall  have  signi- 
fied a  desire  to  make  such  increase  of  indebtedness,  they  shall 
give  notice  during  at  least  thirty  days,  by  weekly  advertise- 
ments in  the  newspapers,  not  exceeding  three  in  said  dis- 
trict ;  and  if  no  newspaper  be  published  therein,  by  at 
least  twenty  printed  hand  bills  posted  in  the  most  public 
parts  thereof,  of  an  election  to  be  held  at  the  place  or  places 
of  holding  the  municipal  elections  in  said  district  or  munic- 
ipality oil  a  clay  to  be  by  them  fixed,  for  the  purpose  of  ob- 
taining the  assent  of  the  electors  thereof  to  such  increase  of 
indebtedness. 

Said  notice  shall  contain  a  statement  of  the  amount  of 
the  last  assessed  valuation,  of  the  amount  of  the  existing 
debt,  of  the  amount  and  percentage  of  the  proposed  increase, 
and  for  the  purposes  for  which  the  indebtedness  is  to  be  in- 
creased. Such  election  shall  be  held  at  the  place,  time  and 
under  the  same  regulations  as  provided  by  law  for  the  hold- 
ing of  municipal  elections,  and  it  shall  be  the  duty  of  the 
inspectors  and  judges  of  such  elections  to  receive  tickets, 
either  written  or  printed  from  electors  qualified  under  the 
constitution  of  this  state  to  vote  in  such  district,  labeled  on 
the  outside,  "  Increase  the  debt,"  and  containing  in  the  in- 


14.  Richards  vs.  Joyce,  8  Kulp  572,  1897.  Wharton  et  al.  vs.  School 
Directors,  42  Pa.  358,  1862.  McKean  et  al.  vs.  Brown  et  al.  3 
Kulp  266,  1882. 


INDEBTEDNESS  151 

side  the  words,  "  no  increase  of  debt,"  or  "  debt  may  be  in- 
creased ; "  also  briefly,  the  purpose  and  amount  of  increase, 
and  to  deposit  said  ticket  in  a  box  provided  for  that  pur- 
pose, as  is  provided  by  law  in  regard  to  other  tickets  re- 
ceived at  said  election  ;  and  the  tickets  so  received  shall  be 
counted,  and  a  return  thereof  made  to  the  clerk  of  the  court 
of  quarter  sessions  of  the  proper  county,  duly  certified,  as  is 
required  by  law,  together  with  a  certified  copy  of  the  ordi- 
nance and  the  advertisement ;  and  the  said  clerk  shall  make 
a  record  of  the  same,  and  furnish  a  certified  copy  thereof, 
under  seal,  showing  the  result,  to  the  corporate  authorities 
of  such  municipality,  and  the  same  shall  be  placed  of  record 
upon  the  minutes  thereof.  The  corporate  authorities  of 
such  municipality  shall,  in  all  cases,  fix  the  time  of  holding 
such  election  on  the  day  of  the  municipal  or  of  the  general 
election,  unless  more  than  ninety  days  elapse  between  the 
date  of  the  ordinance  or  vote  desiring  such  increase,  and  the 
day  of  holding  the  said  municipal  or  general  election.  If 
any  other  day  be  fixed  for  such  election,  the  expense  of 
holding  the  same  shall  be  paid  by  the  municipality  for  the 
benefit  of  which  it  shall  be  held.  In  receiving  and  count- 
ing and  in  making  returns  of  the  votes  cast,  the  inspectors, 
judges  and  clerks  of  said  election  shall  be  governed  by  the 
laws  of  this  Commonwealth  regulating  municipal  elections  ; 
and  the  vote  shall  be  counted  by  the  court  as  is  now  pro- 
vided by  general  laws  governing  municipal  elections,  and 
all  the  penalties  of  the  said  election  laws  for  the  violation 
thereof,  are  hereby  extended  to,  and  shall  apply  to  the  voters, 
inspectors,  judges  and  clerks  voting  at  and  in  attendance 
upon  the  elections  under  the  provisions  of  this  act.15 

Result  of  election.    If  for  increase,  tax  to  be  levied  for  payment. 

360.  Whenever,  by  the  returns  of  such  election,  it  shall 
appear  that  there  is  a  majority  voting  for  "  no  increase  of 
debt,"  such  increase  shall  not  be  made.  Nor  shall  any  other 
election  upon  the  same  subject  be  held  in  that  municipality 
for  one  year  from  the  date  of  such  preceding  election.  If  the 


15.     Act  June  9,   1891,  P.  L.  252,  amending  Sec.  3,  Act  April  20,  1874, 
P.  L.  65. 


152  COMMON   SCHOOL   LAW 

return  of  such  election  shall  show  a  majority  voting  that 
"debt  may  be  increased,"  the  corporate  authorities  of  the 
municipality  may  increase  the  same  to  the  amount  named 
and  specified  in  the  notice  given  for  the  holding  of  such 
election  for  increasing  indebtedness,  to  an  amount  not  ex- 
ceeding two  per  centum,  including  the  sworn  statement  to 
be  filed  in  the  office  of  the  court  of  quarter  sessions  of  the 
proper  county ;  and  they  shall,  before  issuing  any  obliga- 
tions therefor,  assess  and  levy  an  annual  tax,  the  collection 
whereof  shall  commence  the  first  year  after  the  said  increase, 
which  tax  shall  be  equal  to  and  sufficient  for  and  applied 
exclusively  to  the  payment  of  the  interest  and  the  principal 
of  such  debt  within  a  period  not  exceeding  thirty  years  from 
the  date  of  such  increase  ;  and  the  moneys  arising  from  such 
tax  shall  be  applied,  at  such  periods  as  the  municipality 
may  stipulate  in  such  obligations,  to  the  redemption,  at  par, 
of  the  said  outstanding  obligations  according  to  their  terms.16 

Act  of  April  18,  1895,  limited  increase  of  debt  at  any  time  to  two 
per  cent. 

361.  Under  the  act  of  April   18,  1895,  P.  L,.  36,  a  mu- 
nicipality can  only  increase  its  indebtedness  at  any  one  time, 
at  any  election,  by  an  amount  not  over  two  per  centum,  by 
a  vote  of  the  people.17 

Bonds  may  be  redeemed  before  or  after  maturity  with  consent  of 
holders. 

362.  In  all  cases  where  any  school  district,  or  school 
directors  of  any  such  district,  in  this  Commonwealth  has,  by 
virtue  of  any  law  or  any  general  or  special  act  of  assembly 
of  this  Commonwealth,  issued  bonds,  either  with  or  without 
interest  coupons  attached,  certificates  or  any  other  evidences 
of  indebtedness,  to    secure  any  indebtedness  of  any  such 
school  district,  it  shall  be  lawful  for  the  school  directors,  or 
proper  officers  of  any  such  school  district,  to  redeem  any  or 
all  of  the  bonds,  certificates  or  any  other  evidences  of  indebted- 
ness so  issued  as  aforesaid,  before  or  after  maturity  thereof, 


16.  Act  April  18,   1895,   P.   L.   36,  amending  Sec.  4,  Act  Apiil  20,  1874, 

P.  L.  65. 

17.  But  see  Act  of  March  n,  1897,  Sec.  i,  P.  L.  53 


INDEBTEDNESS  153 

with  the  consent  of  the  holders  thereof,  and  for  the  purpose 
of  redeeming  or  paying  any  such  bonds,  certificates  or  other 
evidences  of  indebtedness,  to  issue  new  bonds  therefor,  pay- 
able at  any  time  not  exceeding  twenty  years  after  the  date 
thereof,  at  the  same  or  any  lower  rate  of  interest,  with  or  with- 
out interest  coupons  attached,  and  not  exceeding  in  the  ag- 
gregate amount  the  amount  of  the  bonds,  certificates  or 
other  evidences  of  indebtedness,  so  redeemed  or  paid.'8 

Refunding  and  redemption  of  existing  indebtedness,  incurred  prior 
to  April  20,  1875. 

363.  The  existing  indebtedness  of  any  county,  city, 
other  than  those  of  the  first  or  second  class,  borough,  school 
district,  or  other  municipality  or  incorporated  district,  with- 
in this  Commonwealth,  evidenced  by  outstanding  bonds, 
certificates,  or  notes  issued  prior  to  the  twentieth  day  of 
April,  Anno  Domini  one  thousand  eight  hundred  and 
seventy-five,  may  be  provided  for  as  the  same  shall  mature 
by  an  issue  to  the  holders  of  such  outstanding  bonds,  cer- 
tificates or  notes,  of  bonds  or  certificates  in  lieu  thereof,  if 
they  shall  agree  to  receive  the  same,  or  by  the  issue  and  sale 
at  not  less  than  par,  of  bonds  or  certificates  in  lieu  of  in- 
debtedness outstanding  on  the  said  twentieth  day  of  April, 
Anno  Domini  one  thousand  eight  hundred  and  seventy-five, 
except  as  hereinafter  provided  :  Provided,  That  such  bonds 
or  certificates  shall  bear  interest,  at  a  rate  not  exceeding  six 
per  centum  per  annum,  and  may  be  issued  redeemable  at 
the  pleasure  of  the  obligators  at  any  time  fixed  by  them 
within  twenty  years  from  the  date  thereof;  and  it  shall  be 
the  duty  of  the  proper  corporate  authorities  of  such  munici- 
pality or  incorporated  district,  to  assess  and  levy  a  special 
annual  tax  not  exceeding  five  mills  on  the  dollar  on  the  as- 
sessed valuation  thereof,  immediately  after  the  passage  of 
this  act,  to  pay  such  bonds  or  certificates  reissued  or  issued 
and  sold  as  aforesaid  and  which  shall  be  sufficient  for,  and 
applied  exclusively  to,  the  payment  of  the  interest  and  prin- 
cipal of  such  bonds  and  certificates  within  a  period  not  ex- 
ceeding twenty  years  from  the  date  of  such  bonds  and  cer- 


18.     Act  May  10,  1881,  P.  L.  16. 


154  COMMON   SCHOOL   LAW 

tificates  so  reissued  or  issued  and  sold  :  Provided,  further, 
That  the  provisions  of  this  act  shall  not  be  so  construed 
as  to  authorize  a  reissue  of  any  bonds  or  certificates  which 
were  issued,  the  legality  and  validity  of  which  is  now  ques- 
tioned by  legal  proceedings  in  any  of  the  courts  of  the  Com- 
monwealth :  And  provided,  further,  That  said  reissued 
bonds  shall  not  be  liable  to  local  taxation :  And  provided, 
further,  That  this  act  shall  apply  to  municipalities  the 
amount  of  whose  legal  indebtedness  is  limited  in  their  re- 
spective charters  of  incorporation  and  supplement  thereto 
as  well  as  those  not  so  limited.'9 

Bonds  issued  since  the  i8th  day  of  April,  1895,  validated. 

364.  All  bonds  or  other  obligations  of  any  county,  city, 
borough,  township,  school  district  or  other  municipality  or 
incorporated  district  within  this  Commonwealth,  issued  with 
the  consent  of  the  electors  of  such  county,  city,  borough, 
township,  school  district  or  other  municipality  or  incorpo- 
rated district,  in  conformity  with  the  requirements  of  the 
law,  except  that  the  same  have  been  issued  since  the  eigh- 
teenth day  of  April,  Anno  Domini  one  thousand  eight  hun- 
dred and  ninety-five,  in  amounts  in  excess  of  two  per  centum 
of  such  last  assessed  valuation,  be  and  the  same  are  hereby- 
made  valid  legal  obligations  of  the  respective  county,  city, 
borough,  township,  school  district  or  other  municipality  or 
incorporated  district,  which  has  issued  the  same,  and  that 
the  said  respective  county,  city,  borough,  township,  school 
district  or  other  municipality  or  incorporated  district  shall 
be  and  is  bound  for  the  payment  in  full  of  said  bonds  or 
other  obligations  according  to  the  tenor  thereof.20 

Bona  fide  purchasers  of  school  bonds  or  other  securities.     School 
district  cannot  deny  statement  to  repudiate  bonds. 

365.  "  Where  the  president  of  a  school  board  files  with 
the  clerk  of  quarter  sessions  of  the  county  a  sworn  state- 
ment, showing  the  assessed  valuation  of  taxable  property  in 
the  district  and  the  amount  of  its  indebtedness,  and  that  the 


19.  Act  May  8,  1876.  P.  L.  128. 

20.  Act  May  19,  1897,  P.  L.  76. 


INDEBTEDNESS  155 

provisions  of  the  act  of  April  20,  1874,  P.  L.  65,  and  its 
supplement  of  April  13,  1897,  P.  L,.  17,  have  been  complied 
with,  the  school  district  is  estopped  from  setting  up  that  the 
bonds  were  not  issued  in  accordance  with  the  provisions  of 
the  acts,  as  against  a  bona  fide  holder  for  value,  who  pur- 
chased them  in  reliance  upon  the  facts  set  forth  in  the  state- 
ment." 2I 

Where  debt  is  lawful,  though  some  provisions  of  the  act  not  com  = 
plied  with,  court  will  protect  innocent  purchasers  of  bonds. 

366.  When  a  school  district  issues  bonds,  payable  out 
of  assessments  on   property,  and  subsequently  the  assess- 
ment is  declared  illegal,  the  illegality  of  the  assessment  does 
not  relieve  the  district  from  liability  on  the  bonds.22 
Illegality  of  assessment  does  not  invalidate  bonds. 

367.  A  school  district,  desiring  to  borrow  money  for 
the  purpose  of  erecting  school  houses  or  purchasing  grounds 
whereon  to  erect  school  houses,  must  advertise  in  two  news- 
papers for  at  least  four  weeks  their  intention  to  apply  to  the 
court  of  common  pleas  for  its  approval,  as  required  by  the 
act  of  April  21,  1871,  P.  L.  241,  and  procure  the  decree  of 
the  said  court,  before  said  district  can  file  its  statement  in  the 
office  of  the  clerk,  issue  its  bonds  and  levy  the  tax.     But  if 
the  bonds  have  been  issued  without  such  proceedings  and 
sold  to  innocent  purchasers,  if  the  debt  so  created  is  lawful 
and  no  proceedings  have  been  instituted,  until  nearly  three 
months  after  the  sale  of  such  bonds  to  restrain  such  issue, 
the  court  will  decree  the  issue  of  such  bonds,  mine  pro  tune, 
when  the  statement  is  presented  with  all  the  formalities  re- 
quired by  the  acts  of  assembly.23 

Court  of  common  pleas  has  authority  to  authorize  debt  under  act 
of  1871. 

368.  The  several  courts  of  common  pleas  of  this  Com- 
monwealth shall   have  power  to  authorize  the  school  direc- 


21.  Parker  Twp. ,  School  Dist.  vs.  Bruin  Boro.  School   Dist.    13   D.    R. 

769,  1901. 

22.  Parker  Twp.  School  Dist.  vs.  Bruin  Boro.  School  Dist.  13  D.  R.  769, 

1901. 

23.  Phila.  and  Reading  Coal  and  Iron  Co.  vs.  Porter  Twp.  School  Dist. 

14  D.  R.  581,  1905. 


156  COMMON   SCHOOL   LAW 

tors,  of  any  school  district  within  their  respective  jurisdic- 
tions, to  borrow  money  for  the  purpose  of  erecting  school 
houses,  to  an  amount  not  exceeding  five  per  centum  upon 
the  last  preceded  adjusted  tri-ennial  valuation  of  the  prop- 
erty of  said  school  district ;  and  the  said  court  may  decree 
that  such  moneys  shall  be  raised  by  bonds,  mortgages  or 
other  security,  at  any  rate  not  exceeding  eight  per  centum, 
free  from  all  taxation,  and  reimbursable  at  any  period  not 
exceeding  twenty  years  from  the  date  of  such  decree  :  Pro- 
vided, That  before  exercising  jurisdiction  of  the  petition  of 
the  board  of  school  directors,  or  a  majority  thereof  for  such 
decree,  the  said  board  shall  produce  to  the  court  the  con- 
sent, in  writing,  of  a  majority  in  number  of  the  qualified 
electors  of  such  district :  And  provided  further,  That  110 
such  decree  shall  be  made  until  notice  by  advertisements  in 
two  papers  of  said  county,  if  so  many  shall  be  therein  pub- 
lished, shall  have  been  given  by  the  said  board  of  directors, 
during  at  least  four  weeks,  of  their  intention  to  make  ap- 
plication for  such  decree.24 
Power  of  the  court  of  common  pleas  to  adjust  indebtedness. 

369.  That  the  proviso  of  the  act  giving  the  courts  of 
common  pleas  of  this  Commonwealth  power  to  authorize 
school  directors  to  borrow  money,  which  requires  them  to 
produce  to  said  court  the  consent,  in  writing,  of  a  majority 
in  number  of  the  qualified  electors  of  the  district  for  whose 
use  the  money  is   wanted,  be  and  the  same   is   hereby  re- 
pealed.25 

The  act  of  1871,  above  quoted,  not  repealed  by  the  act  of  1874. 

370.  "  It  was  decided  by  this  court,  in  an  opinion  filed 
by  the  late  lamented  Judge  Cyrus  L.  Pershing,  in  the  case 
of  the  City   of  Philadelphia  vs.  West  Mahanoy  Township 
School  District  (not  reported),  that  the  act  of  1874  does  not 
repeal  the  prior  acts  relating  to  school  districts. 

"  If  the  act  of  1874  did  not  repeal  the  act  of  1868, 
neither,  in  our  judgment,  did  it  repeal  the  provisions  of  the 
school  law,  which  expressly  declares  for  what  purposes  and 

24.  Act  April  21,  1871,  P.  L.  241. 

25.  Act  April  7,  1873,  P.  L.  64. 


INDEBTEDNESS  157 

in  what  way  a  debt  may  be  created,  and  it  is  still  necessary 
for  the  district  desiring  to  borrow  money  for  either  of  the 
two  purposes  mentioned  in  the  act  of  1854,  to  advertise  in 
two  newspapers  for  at  least  four  weeks  of  their  intention  to 
apply  to  the  court  of  common  pleas  for  their  approval,  and 
procure  the  decree  of  the  said  court  before  said  district  can 
file  its  statement  in  the  office  of  the  clerk,  issue  its  bonds 
and  levy  the  tax."  * 

Court  may  appoint  an  examiner  to  take  testimony  where  petition 
is  presented  to  borrow  money. 

371.  On  an  application  by  school  directors  for  permission 
to  borrow  money,  it  is  lawful  for  the  court  to  appoint  an  ex- 
aminer to  take  testimony  as  to  the  facts  alleged  in  the  peti- 
tion and  remonstrance,  and  upon  his  report  being  filed,  to 
direct  the  payment  of  a  reasonable  allowance  for  his  services. 

The  school  district  may  be  directed  to  pay  the  allow- 
ance in  the  first  instance,  although  the  report  of  the  exam- 
iner is  favorable  to  the  petition  of  the  directors.27 
Issuing  of  bonds  in  pursuance  of  centralization. 

372.  Should   the   board    of  school   directors  deem  it 
necessary  to  issue  bonds  to  purchase  a  site  or  sites,  or  erect 
a  building  or  buildings,  for  the  purpose  of  such  centraliza- 
tion, then  the  election  shall  be  conducted  as  provided  in 
section  three  of  this  act,  but  in  such  case  the  ballots  shall 
also  have  printed  thereon  :     For  levying  a  tax  to  purchase 

site  (or  sites)  and  erect building  (or  buildings) 

for  the  centralization  of  schools,  at  a  cost   not  to  exceed 

$ Yes,     For  levying'   a   tax  to  purchase site 

(or  sites)  and  erect building  (or  buildings)  for  the  cen- 
tralization of  schools,  at  a  cost  not  to  exceed  $ No; 

and  if  more  votes  are  cast  in  favor  of  levying  said  tax  for 
said  purpose  than  against  said  proposition  at  such  election, 
it  shall  be  the  duty  of  the  said  board  of  school  directors,  and 
the  board  of  school  directors  is  authorized  to  issue  bonds 
and  sell  the  same  as  provided  by  law,  and  to  levy  a  special 
tax  to  provide  for  the  payment  of  the  same,  together  with 


26.  Phila.  and  Reading  Coal  and  Iron  Co.  vs.  Porter  Twp.  School  Dist., 

14  D.  R.  581,  1905. 

27.  In  re  School  Directors,  3  Kulp  59,  1884. 


158  COMMON   SCHOOL   LAW 

interest  thereon,  provided  said  levy  shall  not  in  any  one 
year  exceed  five  mills  on  the  dollar  valuation,  and  said 
bonds  shall  not  bear  more  than  five  per  centum  interest, 
and  shall  not  be  sold  at  less  than  their  face  value.28 

How  to  validate  indebtedness  created  by  school  directors  without 
assent  of  electors. 

373.  That    whenever    any    school     district     in     any 
borough  or  township  of  this  Commonwealth  shall    have 
heretofore  created  an  indebtedness  for  a  lawful  purpose,  by 
action  of  the  legal  and  proper  officers  thereof,  such  indebt- 
edness being  within  the  constitutional  limit  of  seven  per 
centum    and    in    excess    of   two    per   centum    of  assessed 
valuation    of  such    school   district,  and    not    having    first 
obtained  the  assent  of  the  electors  thereof  in  favor  of  in- 
creasing such  indebtedness  as  provided  by  law,  it  shall  be 
lawful  for  the  proper  officers  of  such  school  district  to  cause 
to  be  submitted  to  the  electors  of  such  district  the  question 
of  validating  and  giving  binding  force  to  such  indebtedness 
theretofore  attempted  to  be  created.29 

Duties  of  corporate  authorities.     Notice. 

374.  The    corporate    authorities    of  any    such    school 
district  may,  by  resolution,  signify  their  desire  to  validate 
and  give  binding  force  to  such  indebtedness,  whereupon  it 
shall  be  their  duty  to  give  notice  during  at  least  thirty  days 
by  weekly  advertisements  in  the  newspapers,  not  exceeding 
three   in  said   district  ;  and  if  no  newspaper  be  published 
therein,  by  at  least  twenty  handbills  posted  in  the  most  pub- 
lic parts  thereof,  of  an  election  to  be  held  at  the  place  or 
places  of  holding  the   municipal  elections,  in  which  such 
school  district  may  be,  on  a  day  to  be  by  them  fixed,  for  the 
purpose  of  obtaining  the  assent  of  the   electors  thereof,  to 
the  making  valid  and  giving  binding  force  to  such  increase 
of  indebtedness.     Said  notice  shall  contain  a  statement  of 
the  amount  of  the  last  assessed  valuation,  of  the  amount  of 
the  existing  debt,  of  the  amount  and  percentage  of  the  in- 
crease  proposed   to   be  made  valid,  and  of  the  purposes  for 
which  the  indebtedness  was  created  and  the  money  used.30 

28.  Act  of  April  25,  1901,  Sec.  4,  P.  L-  105. 

29.  Act  June  10,  1897,  Sec.  i,  P.  L.  139. 

30.  Act  June  10,  1897,  Sec.  2,  P.  L.  139. 


INDEBTEDNESS  159 

Election.    Tickets.    Time  of  holding.    Expenses. 

375.  Such  election  shall  be  held  at  the  place  and  time 
and  under  the  same  regulations,  as  provided  by  law  for  the 
holding  of  municipal  elections,  and  it  shall  be  the  duty  of  the 
inspectors  and  judges  of  such  election  to  receive  tickets,  either 
written  or  printed,  from  electors  qualified  under  the  consti- 
tution of  this,  state  to  vote  in  such  district,  labeled  on  the 
outside  "increased  debt,"  and  containing  in  the  inside  the 
words  "in  favor  of  debt  as  already  increased,"  or  "against 
debt  as  increased,"  and  to  deposit  said  tickets  in  a  box  pro- 
vided for  that  purpose  as  is  provided  by  law  in  regard  to 
other   tickets   received  at    said    election ;  and    the   tickets 
so    received    shall    be    counted  and   return  thereof   made 
to  the  clerk  of  the  quarter  sessions  of  the  proper  county, 
duly    certified,    as    is    required    by    law,    together    with 
a  certified  copy  of  the  resolution  and  the  advertisement ; 
and  the  said  clerk  shall  make  record  of  the  same  and  fur- 
nish a  certified  copy  thereof,  under  seal,  showing  the  result, 
to  the  corporate  authorities  of  such  school  district,  and  the 
same  shall  be  placed  of  record   upon  the  minutes  thereof 
The  corporate  authorities  of  such  school  district  shall  in  all 
cases  fix  the  time  of  holding  such  elections  on  the  day  of 
the  municipal  or  of  the  general  election,  unless  more  than 
ninety  days  elapse  between  the  date  of  the  resolution  or  vote 
desiring  such  increase  and  the  day  of  holding  the  said  mu- 
nicipal or  general  election.     If  any  other  day  be  fixed  for 
such  election  the  expense  of  holding  the  same  shall  be  paid 
by  the  school  district  for  the  benefit  of  which  it  shall  be 
held.3' 

Election  to  be  governed  by  existing  laws. 

376.  In  receiving  and  counting  and  making  return  of 
the  votes  cast,  the  inspectors,  judges  and  clerks  of  said  election 
shall  be  governed  by  the  laws  of  this  Commonwealth  regu- 
lating municipal  elections,  and   the  vote  shall  be  counted 
by  the  court  as  is  now  provided  by  general  laws  governing 
municipal  elections  ;  and  all  .the  penalties  of  said  election 
laws  for  the  violation  thereof  are  hereby  extended  to  and 


31.     Act  June  10,  1897,  Sec.  2,  P.  L.  139. 


l6o  COMMON   SCHOOL   LAW 

shall  apply  to  the  voters,    inspectors,  judges   and    clerks 
voting  at  and  in  attendance  upon  the  elections  held  under 
the  provisions  of  this  act.32 
When  debt  shall  become  valid.    Tax  to  pay  debt. 

377.  Whenever,    by   the    returns    of  such  election,  it 
shall  appear  that  a  majority  of  the  votes  cast  is  in  favor 
of  making  valid  the  increased  debt,  such  debt  shall  there- 
upon become  valid   and  of  binding   force  ;  but  the  proper 
authorities  in  said  school  district  shall,  before  issuing  any 
obligations  therefor,  assess  and  levy  an  annual  tax,  which 
tax  shall  be  equal  to  at  least  eight  per  centum  of  the  amount 
of  such  increased  debt,  and  which  shall  be  sufficient  for  and 
be  applied  exclusively  to  the  paying  of  the  interest  and 
principal  of  such  debt  within  a  period  not  exceeding  thirty 
years  from  the  date  of  such  increase,  and  the  moneys  arising 
from  such  tax  shall  be  applied  annually,  as  far  as  the  same 
may  accumulate,  to  the  redemption  at  par  of  said  outstand- 
ing obligation.33 

Recall  of  bonds  irregularly  issued. 

378.  Where  any    school    district    in    any  borough  or 
township  has  heretofore  issued  bonds  or  other  evidences 
of  indebtedness,  without  having  first  submitted  the  ques- 
tion of  increasing  the  indebtedness  to  the  electors  of  the  dis- 
trict, when  such  submission  was   made  necessary  by  law, 
such  bonds  or  other  evidences  of  indebtedness  shall  be  re- 
turned and  canceled  before  the  issuance  of  other  bonds  or 
evidences  of  indebtedness  made  valid  by  such  election   as 
hereinbefore  prescribed.34 

Where  act  shall  not  apply. 

379.  The  provisions  of  this  act  shall  not  apply  to  any 
case  where,  by  judicial  decision,  the  bonds  of  any  school 
district  shall  have  been  declared  invalid.35 

All   acts    or   parts  of  acts  inconsistent  herewith    are 
hereby  repealed.36 


32.  Act  June  10,  1897,  Sec.  2,  P.  L,.  139. 

33.  Act  June  10,  1897,  Sec.  3,  P.  L.  139. 

34.  Act  June  10,  1897,  Sec.  4,  P.  L.  139. 

35.  Repeal  Act  June  TO,  1897,  Sec.  5,  P.  L.  139. 

36.  Act  June  10,  1897,  Sec.  6,  P.  L,.  139. 


INDEBTEDNESS  l6l 

Adjustment  of  indebtedness  where  new  districts  are  formed  by  the 
erection  of  boroughs  out  of  townships  ;  where  township  has 
been  merged  into  more  than  one  borough,  etc.  Court,  sit- 
ting in  equity,  to  adjust  and  apportion  indebtedness. 

380.  Whenever  any  school  district  has  been  or  may 
hereafter  be  formed  as  aforesaid,37  or  whenever  any  school  dis- 
trict has  been  or  may  hereafter  be.  entirely  merged  into  more 
than  one  school  district  as  aforesaid,38  any  court  of  common 
pleas,  of  the  proper  county,  sitting  in  equity,  shall  have 
power,  upon  the  application  of  any  one  or  more  creditors  of 
the  school  district  or  districts  of  said  township  or  townships, 
or  upon  the  application  of  the  proper  authorities  of  theschool 
district  or  districts  of  any  said  township  or  townships,  bor- 
ough or  boroughs,  or  either  of  them,  by  a  suit  or  suits  in 
equity,  to  ascertain  the  indebtedness  of  the  school  district  or 
districts  of  the  said  township  or  townships  at  the  time  of 
the  formation  of  each  of  the  school  districts  of  said  boroughs 
respectively,  and  to  equitably  adjust  and  apportion  said  in- 
debtedness between  the  school  district  or  districts  of  said 
township  or  townships  and  borough  or  boroughs,  and  be- 
tween the  several  school  districts  of  the  boroughs  into  which 
any  township  shall  have  become  merged,  as  aforesaid,  and 
where  any  school,  real  estate  and  movable  property  belong- 
*ing  to  the  school  district  or  districts  of  said  township  or 
townships  are  or  shall  be  within  the  bounds  of  any  such 
new  district.  The  said  court  shall  further  determine,  on 
hearing,  whether  an  undue  proportion  of  the  real  estate  and 
movable  property  belonging  to  the  old  district  or  districts 
are  within  the  bounds  of  the  new  district  and,  if  so,  how 
much  money  shall  be  paid  therefor  by  the  new  to  the  old 
district  or  districts,  and  the  court  shall  thereupon  decree  the 
proportion  of  said  indebtedness  which  each  of  said  school 
districts  shall  pay  and  the  amount  of  money,  if  any,  which 
the  new  district  shall  pay  to  the  old  district  or  districts  for 
any  undue  proportion  of  the  school  property  within  the 
bounds  of  such  new  district.  In  making  said  adjustment 


37.  Note.— See  Supra,  Sec.   37,  p.  14,  CHANGES  IN  SCHOOL  DIS- 

TRICTS, Sec.  i,  Act  June  24,  1897,  P.  L.  259. 

38.  Note.— See  Supra,  Sec.   38,  p.    i4,  CHANGES  IN  SCHOOL  DIS- 

TRICTS, Sec.  2,   Act  June  24,  1895,  P'.  L.  259. 


1 62  COMMON   SCHOOL   LAW 

as  applied  to  each  of  said  new  school  districts  reference  shall 
be  had  to  the  time  of  the  formation  of  such  new  school  dis- 
trict and  to  the  debts  existing  at  the  end  of  the  current 
school  year  in  which  it  was  formed,  whether  since  paid  or 
not,  and  also  to  the  several  amounts  of  school  taxes  then 
unexpended  and  the  said  adjustment  shall  be  based  upon 
the  assessment  of  said  township  or  townships  for.  the  year 
in  which  such  new  district  was  formed  :  Provided,  That 
in  ascertaining  said  indebtedness,  neither  pending  actions 
nor  claims  against  the  school  district  or  districts  of  said 
township  or  townships,  founded  on  tort,  shall  be  included, 
unless  the  same  shall  in  the  meantime  have  been  prosecuted 
to  final  judgment.39 
Act  of  June  24,  1895,  constitutional. 

381.  It  is  not  in  conflict  with  Article  I.,  Sec.  6  of  the 
constitution,  providing  that  trial  by  jury  shall  be  as  hereto- 
fore and  the  right  thereof  remain  inviolate.40 

Measure  of  value  of  school  property  in  adjusting  indebtedness. 

382.  Where  a  division  of  property  is  to  be  made  be- 
tween two  school  districts  created  by  the  erection  of  a  new 
district  out  of  part  of  an  old  one,  the  proper  ratio  of  distri- 
bution is  the  assessed  values  of  taxable  property  in  the  re- 
spective districts. 

In  determining  the  value  of  school  buildings  the  aud- 
itor should  value  them  by  evidence  of  what  they  are  worth 
as  school  houses,  provided  they  are  worth  more  for  that  than 
any  other  purpose.  The  mere  market  value  is  not  the 
test.41 

Court  may  pass  upon  the  claims  of  third  parties  in  adjusting  in- 
debtedness. 

383.  "Does  the  act  of  1895  authorize  the  court  to  de- 
termine the  rights  of  third  parties  and  adjust  their  indebted- 
ness  as   against   the    municipalities  ?     At   first    blush,    it 
seemed  not,  and  upon  the  argument  we  were  of  the  opinion 


39.  Act  June  24,  1895,  Sec.  3,  P.  L.  259. 

40.  Parker  Twp.  School  Dist.  vs.  Bruin  Boro.  School  Dist.  13  D.  R.  769, 

1901. 

41.  Darby  vs.  Sharon  Hill,  2  D.  R.  485,  1892. 


INDEBTEDNESS  163 

that  it  could  not.  But  after  examination  the  authorities  were 
convinced  that  the  act  of  assembly  gives  that  power.  The 
School  District  of  Parker  Township  has  invoked  the  power 
of  the  court  sitting  in  equity  to  adjust  the  indebtedness  be- 
tween it  and  the  School  District  of  Bruin  Borough. 

"  We  took  jurisdiction,  and  have  spent  many  days  in  at- 
tempting to  do  what  was  requested  by  the  plaintiff;  must 
we  now  suspend  until  the  courts  of  law  can  dispose  of  the 
contentions  of  third  parties  with  the  school  districts  ?  We 
think  not.  It  would  be  an  affectation  of  learning  to  cite 
cases  that  hold  when  a  court  of  equity  once  has  a  case'with- 
in  its  grasp,  it  not  only  has  the  power  but  it  is  its  duty  to 
dispose  of  all  questions  arising  in  the  case."  42 

Court  may  appoint  auditor  to  report  upon  proper  adjustment. 

384.  Where  a  borough  is  created  out  of  part  of  the  ter- 
ritory comprised  in  another  borough,  the  court  of  quarter 
sessions  has  jurisdiction,  under  the  act  of  June  i,  1887,  P. 
Li.  285,  to  appoint  an  auditor  to   report   upon   the   proper 
adjustment  of  the  property  and  indebtedness  of  the  school 
districts  of  the  two  boroughs.43 

Notice  to  persons  to  present  claims.     Failure  to  present  claims,  etc. 

385.  Three  months  public  notice  shall  be  given  under 
the  order  of  said  court  to  all  persons  having  claims  against 
the  school  district  or  districts  of  said  townshp  or  townships, 
excepting  claims  in  pending  actions  and  claims  founded  on 
tort,  as  aforesaid,  to  present  the  same  on  or  before  the  day 
therein  named,  and  all  persons   not  presenting  their  said 
claims  on  or  before  the  said   day  shall  be  forever  debarred 
from  enforcing  collection  of  the  same,  said  notice  to  be  pub- 
lished in  not  less  than  two  newspapers  of  the  proper  county, 
if  there  are  so  many  printed   in  said  county,  or  if  there 
be  but  one  newspaper  printed  therein,  then  said  notice  shall 
be  printed  in  the  same  and  shall  be  published  in  any  other 
manner   directed   by   the   said    court :  Provided    however, 


42.  Parker  Twp.  School  Dist.  vs.  Bruin  Boro.  School  Dist. ,  13  D.  R.  769, 

1901. 

43.  Darby  Borough  School  District's  Appeal,    160   Pa.    79,    1894.     See 

Darby  vs.  Sharon  Hill,  2  D.  R.  485,  1892. 


164  COMMON   SCHOOL   LAW 

That  no  owner  or  holder  of  any  bond  or  bonds  of  any  such 
school  district  shall,  for  any  failure  to  present  or  make 
proof  of  the  same  as  aforesaid,  be  precluded  or  debarred 
thereby  from  enforcing  collection  of  the  same.44 

Court  to  make  necessary  rules  for  collection  and  payment  of  the 
adjusted  indebtedness. 

386.  The  said  court  shall  have  power  to  make  all  need- 
ful rules,  orders  and  decrees  in  the  premises,  and  for  the  col- 
lection and  payment  by  the  school  district  or  districts  of 
said  township  or  townships,  borough  or  boroughs  of  the  share 
of  said  indebtedness,  respectively,  apportioned  to  them,  and 
of  any  sum  of  money  decreed  to  be  paid  by  any  such  new 
district  to  the  school  district  of  any  township  from  which 
it  was  formed  for  any  undue  proportion  of  school  property 
within  the  bounds  of  such  new  district,  and  may  order  the 
proper  officers  of  the  school  district  or  districts  of  any  said 
township  or  townships,  borough  or  boroughs,  or  of  either 
of  them,  to  collect,  by  special  taxation,  an  amount  sufficient 
to  pay  the  same,  either  in  any  one  year  or  by  annual  in- 
stallments, as  to  the  court  shall  appear  just  and   reason- 
able.45 

Court  may  appoint  receiver  to  whom  money  shall  be  paid.  Duties  of. 

387.  The  said  court  shall  have  power,  in  its  discretion, 
to  appoint  a  receiver  to  whom  the  money  due  011  account 
of  indebtedness  from  each  school  district  for  the  purpose 
aforesaid  shall  be  paid,  and  it  shall  be  his  duty  to  pay  over 
the  amount  so  received   by  him  to  'the  holders  of  said  in- 
debtedness in  such  order  or  in  such  proportions  as  the  court 
shall  direct,  and  in  case  of  any  special  taxation  in  any  said 
school  district,  or  in  all  of  them,  being  ordered  for  or  on  ac- 
count of  any  indebtedness  as  aforesaid,  the  collector  of  said 
special  tax  shall  pay  the  same  directly  to  said  receiver.46 
How  indebtedness  and  balance  in  the  treasury  shall  be  credited. 

388.  The  school  district  of  each  borough,  in  any  of  the 
cases  aforesaid,  shall  be  credited  with  the  proper  share  of 


44.  Act  June  24,  1895,  Sec.  4,  P.  L,.  259. 

45.  Act  June  24,  1895,  Sec.  5,  P.  L,.  259. 

46.  Act  June  24,  -1895,  Sec.  6,  P.  L,.  259. 


INDEBTEDNESS  165 

such  indebtedness  due  to  the  school  district  or  districts  of 
said  township  or  townships  at  the  time  of  the  formation  of 
such  borough  district,  as  shall  have  since  been  collected, 
and  shall  likewise  be  credited  with  its  proper  share  of  any 
unappropriated  balance  in  the  treasury  of  the  school  district 
or  districts  of  said  township  or  townships  at  the  end  of  the 
current  school  year  during  which  such  borough  district 
shall  have  been  formed,  and  the  said  court  shall  have  like 
power  to  equitably  adjust  and  apportion  the  same.47 

Costs,  how  paid. 

389.  The  costs  of  said  proceedings  shall  be  paid  by  the 
school  districts  of  the  said  several  townships  and  boroughs 
in  such  proportions  as  the  said  court  shall  adjudge,  and  the 
orders  and  decrees  of  the  said  court  in  such  proceedings  may 
be  enforced  by  attachment.48 


47.  Act  June  24,  1895,  Sec.  7,  P.  L,.  259. 

48.  Act  June  24, 1895,  Sec.  8,  P.  L.  259. 


CHAPTER    XVII. 

TAXATION. 

PAGE 

390.  Pennsylvania  constitutional  provision 168 

391.  School  board  to  determine  the  amount  of  tax 168 

392.  Tax  to  be  levied  but  once  a  year 168 

393.  L,egal  requirements  as  to  determining  tax 169 

394.  Tax  levy.     Time  of  making  the  levy 169 

395.  Resolutions  and  proceedings  of  the  board  should  appear  upon 

the  minutes 170 

396.  No  tax  to  be  levied  by  directors,  except  by  affirmative  vote  of 

a  majority.     Votes.     Minutes 172 

397.  The  courts  demand  a  substantial  compliance  with  all  the  pro- 

visions of  the  act 172 

298.     Amount  of  tax  and  kind  of  taxables 173 

399.  Amount  of  tax  not  to  exceed  the  sum  of  state  and  county  tax..  173 

400.  County  commissioners  to  furnish  adjusted  valuation 174 

401.  School  tax  limited 174 

402.  Construction  of  29th  section  of  Act  May  8,  1854 174 

403.  School  directors  to  levy  a  per  capita  tax  of  one  dollar 175 

404.  Collection 175 

405.  Per  capita  tax  to  be  in  lieu  of  occupation  tax 175 

406.  Occupation  tax,  per  capita  tax,  implied  repeal  of  statutes, 

Acts  1862,  1897 175 

407.  Subjects  not  taxable 176 

408.  Tax  on  trust  property 177 

409.  Property  held  for  use  of  minors  residing  in  another  state 177 

410.  Exonerations 177 

411.  Purposes  for  which  ordinary  school  tax  may  be  used 178 

412.  Surplus  of  ordinary  school  tax  may   be  used  for  payment  of 

debts  for  building  purposes 178 

413.  Special  tax  for  building  purposes 179 

414.  Can  only  be  levied  when  there  is  an  ordinary  tax  levy 179 

415.  It  must  appear  that  tax  was  authorized  and  legal 180 

416.  Not  to  be  levied  during  division  of  district 180 

417.  Ordinary  tax  and  building  tax  to  be  kept  separate 180 

418.  Special  tax  must  be  devoted  solely  to  purposes  for  which  au- 

thorized    181 

419.  Special  levy,  mandamus,  Act  of  1835 181 

420.  Building  tax  cannot  be  diverted  to  ordinary  school  purposes...  181 

421.  Building  tax  cannot  be  levied  for  ordinary  repairs 182 

422.  May  be  used  to  lease  a  building  for  school  purposes 183 

423.  If  excess  tax  be  levied,  collection  will  be  enjoined 185 

424.  Misappropriation  by   directors   will   render   them   personally 

liable 186 

425.  Taxation  for  purposes  of  library 186 

426.  Cannot  be  levied  to  pay  for  purchase  of  library  already  pur- 

chased     186 

427.  Lien  of  taxes 187 

428.  When  and  how  claims  must  be  filed 187 


TAXATION  167 

PAGE 

429.  Assessment  of  taxes,  county  commissioners  to  furnish  copy  of 

last  adjusted  valuation 187 

430.  Additional  assessment,  persons  subsequently  moving  in  dis- 

trict..    1 88 

431.  Assessment  in  new  districts 188 

432.  Assessment  in  independent  districts 188 

433.  Fraudulent  assessment  a  misdemeanor 189 

434.  Assessment  in  cities  of  the  third  class 189 

435-     Collection  of  taxes  in  boroughs  and  townships.     Election  of 

tax  collector 189 

436.  Tax  collector's  bond.     Renewal,  Act  June  6,  1893 190 

437.  Vacancies,  how  filled 190 

438.  Filling  vacancies  under  Act  July  2,  1895 190 

439.  Collector  to  give  bond  and  be  sworn 191 

440.  When  duplicate  to  be  issued 191 

441.  Powers  and  liabilities  of  collectors 191 

442.  Book  to  be  kept  and  subject  to  inspection 191 

443.  Public  notice  to  be  given,  term  of  payment 192 

444.  Collectors  may  levy  upon  goods  for  unpaid  taxes,  and   im- 

prison delinquent  where  no  goods 192 

445.  Collector  may  sue  delinquent  for  recovery  of  unpaid  taxes 193 

446.  Days  and  times  fixed  for  payment 193 

447.  Compensation  of  collectors 194 

448.  Exonerations 194 

449.  Collectors  to  make  monthly  statements  and  payments 194 

450.  Board  of  school  directors  and  collector  shall  meet  together  an- 

nually    195 

451.  Directors  liable  for  unlawful  settlement 196 

452.  Failure  to  make  monthly  statement  and  payment  a  misde- 

meanor    196 

453-     Collector  to  pay  taxes  collected  to  officers  legally  entitled 196 

454.  Misappropriation  of  tax  fund,  embezzlement 196 

455.  Judgment  against  collector  for  amount  due  from  him 197 

456.  Section  13,  Act  April   n,  1862,   not  affected  by  Act  June  25, 

1885 197 

457.  Settlement  of  accounts  by  borough  auditors 198 

458.  Suit  on   bond   cannot  be  entered   until  after   settlement  by 

auditors 198 

459.  Suit  on  bond  properly  brought  in  assumpsit 198 

460.  Collector  bound  by  auditor's  settlement  where  he  does  not 

appeal 199 

461.  Taxes  charged  on  unseated  lands 199 

462.  Effect  of  repealing  clause  of  Act  of  June  25,  1885 199 

463.  The  Act  of  June  25,  1885,  does  not  repeal  the  Act  of  1854 199 

464.  The  Act  of  June  25,  1885,  is  constitutional 200 

465.  Collection  of  taxes  in  cities  of  the  third  class 200 

466.  Treasurer  of  cities  of  the  third  class;  shall  ex-officio  be  school 

treasurer 200 

467.  Levying  taxes  in  cities  of  the  third  class 201 

468.  School  taxes  to  be  collected : 201 


1 68  COMMON   SCHOOL   LAW 

Pennsylvania  constitutional  provision. 

390.  The  Constitution,  Article  X.,  Sec.  i,  requires  the 
General  Assembly  to  provide  "  for  the  maintenance  and 
support   of    a   thorough   and    efficient   system    of    public 
schools."     Taxation  is  one  of  the  means  adopted  to  effect 
this  purpose. 

School  board  to  determine  the  amount  of  tax. 

391.  The  school  directors  or  controllers   of  every  dis- 
trict shall  annually,  before  the  ist  of  July,1  and  by  votes  of 
not  less  than  a  majority  of  the  members  of  the  board,  de- 
termine the  amount  of  school  tax  which  shall  be  levied  on 
their  district  for  the  ensuing  school  year,  which  shall,  to- 
gether with  such  additional  sums  as  the  district  may  be  en- 
titled to  receive  out  of  the  state  appropriation,  and  from 
other  sources  be  sufficient  and  necessary  to  keep  the  schools 
of  the  district  in  operation  not  less  than  seven  2   nor  more 
than  ten  months  in  the  year,  provided   that  the  length  of 
the  annual  term  may  remain  as  at  present  in  districts  where 
the  maximum  amount  of  tax  allowed  by  law  to  be    levied 
for  school  purposes,  together  with  the  amount  of  state  ap- 
propriation to  which  the  said  districts  are  entitled,  shall  be 
found  insufficient  to  keep  the  schools  open  a  greater  length 
of  time  than  six  months.3 

Tax  to  be  levied  but  once  a  year. 

392.  The  answer  of  the  board  of  directors  in  proceed" • 
ings  had  against  them  to  restrain  them  from  levying  a  sec- 
ond tax  during  the  same  year,  set  forth  that  "  The  term  for 
the  school  year  had  been  fixed  at  ten  months,  and   teachers 
employed    for   that    term.     New    school    buildings    were 
erected,  and,  subsequent  to  the  June  levy,  the  roof  of  the 
school  building  was  found  to  be  in  bad  repair.     Severe 
storms  occurred  and  injured  the  school   property,   which 
had  not  been  forseen,  and,  in  order  to  protect  said  property 
and  furnish  new  buildings,  this  tax  of  December,  1887,  was 
levied  ;    without  this  it  would   have  been   impossible   to 
maintain  schools,  or  to  protect  school  property. 

1.  Act  April  22,  1863,  P.  L.  523. 

2.  Act  April  4,  1899,  P.  L.  31. 

3.  Act  of  May  8,  1854,  Sec.  28,  P.  L.  617. 


TAXATION  1 69 

In  reply,  the  lower  court,  sustained  by  the  Supreme 
Court,  said  : 

"  We  fully  appreciate  the  difficulties  that  the  board  of 
directors  labor  under  in  this  case,  as  disclosed  by  the  answer 
filed  and  affidavit  ;  but  the  act  of  assembly  gives  the  di- 
rectors no  power  to  make  a  second  levy  for  the  same  pur- 
pose. The  plain  words  of  the  act  are,  that,  for  school  pur- 
poses, the  directors  shall  annually  levy  a  tax  for  school  pur- 
poses. After  this  has  been  done,  no  other  tax  can  be  levied 
for  the  same  purpose  during  the  same  year."  4 
Legal  requirements  as  to  determining  tax. 

393.  Without  proper  preliminary  meeting  there  can 
be  no  legal  assessment. 

"It  is  a  part  of  the  lawrelating  to  common  schools  that,  at 
their  first  annual  meeting  in  each  school  year,  they  are  re- 
quired to  ascertain  by  the  precise  means  pointed  out  by  the 
school  law  the  amount  or  rate  of  mills  that  is  to  be  collected 
during  the  ensuing  school  year  for  school  purposes,  and  for 
building  purposes,  if  there  is  any  building  tax  to  be  collected. 
They  are  required  to  do  this,  and  to  keep  a  minute  of  it  ; 
and  to  authorize  the  issue  of  a  warrant  to  any  collector  to  col- 
lect school  tax,  there  must  be  this  preliminary  meeting  of 
the  school  board  ;  and  they  are  to  determine  what  amount 
of  rate  of  mills  shall  be  assessed  for  school  purposes.  With- 
out that  there  can  be  no  legal  assessment  of  school  tax."  5 
Tax  levy.  Time  of  making  the  levy. 

394.  The  amount  of  the  tax  to  be  levied  cannot  be  de- 
termined until  between  the  date  of  organization  and  the  ist 
day  of  July,  and  the  tax  ought  to  be  levied   before  the  ist 
day  of  July,  but  a  levy  after  such  date  has  been  held  to  be 
legal. 

In  Walker  vs.  Edmonds,  197  Pa.  645,  1901,  the  only 
reference  to  any  regular  annual  tax  appeared  under  the  dates 
of  June  19  and  July  22,  1897.  Under  June  19,  as  follows  : 
"  And  in  order  to  provide  for  principal  and  interest  on  said 
bonds  as  they  become  due,  that  we  levy  two  (2)  mills  in  ad- 


4.  Verona  Borough  School  District's  Appeal,  I  Mona.  697,  1889. 

5.  Irvin  vs.  Gill,  155  Pa.  8,  1893. 


170  COMMON   SCHOOL   LAW 

dition  to  our  present  millage,  which  shall  be  designated  as 
the  high  school  building  and  ground  tax,"  etc.  And  under 
date  of  July  22,  as  follows  :  Moved  by  Edmonds  and  sec- 
onded by  Twaddle  that  the  clerk  be  instructed  to  add  to  the 
minutes  of  June  19,  1897,  after  the  words,  "  Our  present 
millage,"  the  words,  to  wit  :  Eight  mills  for  ordinary  school 
purposes,  the  omission  of  which  words  from  said  minutes  was 
a  clerical  error,  etc.  The  Supreme  Court  said  :  "  The  court 
(below)  also  ruled  that  as  the  act  of  assembly  required  that 
the  determination  of  the  amount  to  be  levied,  and  the  levy 
itself,  should  be  made  by  the  school  directors  before  July  i  ; 
a  strict  compliance  with  its  requirements  was  necessary,  and 
without  it  there  could  be  no  legal  assessment  of  the  school 
tax. 

"  The  act  is  clearly  not  mandatory,  but  only  directory 
in  this  respect,  and  if  the  only  question  were  as  to  whether  or 
not  the  levy  had  been  made  at  the  proper  time,  we  would 
have  no  difficulty  in  sustaining  it.  Where  action  is  re- 
quired to  be  taken  within  a  certain  time,  the  mere  failure 
of  an  officer  or  of  a  body  to  act  within  the  set  time  is  not 
fatal,  and  the  requirement  as  to  time  may  be  held  to  be  di- 
rectory." 6 

Resolutions  and  proceedings  of  the  board  should  appear  upon  the 
minutes. 

395.  "  Before  a  school  board,  therefore,  should  exer- 
cise the  sovereign  power  of  levying  a  tax,  there  ought  to 
be  a  deliberation  as  a  body,  a  careful  investigation  of  assets 
and  liabilities,  a  clear  understanding  of  the  needs  of  the  dis- 
trict, and  an  intelligent  ascertainment  of  the  amount  neces- 
sary to  meet  those  needs,  and  that  this  has  been  done  should 
appear  on  the  minutes." 

"  In  this  case  the  only  minute  of  the  school  board  as  to 
the  levying  of  a  tax  was  the  following  :  '  Plymouth,  June 
29,  1901,  Plymouth  school  board  met  this  evening,  with 
President  Virtue  in  the  chair,  and  all  members  present. 
Motion  by  Dunphy,  seconded  by  Boyle,  that  we  levy  13 


6.     vSee  also  Gearhart  vs.  Dixon,  I  Pa.  228,  1845. 


TAXATION  IJI 

mills  for  school  and  13  mills  for  building.  Carried.' " 
The  court  declared  this  minute  insufficient.7 

"  The  minutes  of  the  board  of  directors  of  a  meeting 
on  June  19,  1897,  show  these  words,  'That  we  levy  two 
mills  in  addition  to  our  present  millage,  which  shall  be  des- 
ignated as  the  high  school  building  and  ground  tax,  etc.,' 
but  there  was  nothing  else  in  the  minutes  to  show  a  levy  or 
assessment  for  ordinary  purposes,  and  the  assessment  of  a 
high  school  tax  of  two  mills  was  afterwards  abandoned  by 
the  directors.  But  on  July  22,  an  attempt  was  made  to 
amend  the  minutes  of  June  19,  so  as  to  make  the  resolution 
read  as  follows  :  '  That  we  levy  two  mills  in  addition  to  our 
present  millage,  eight  mills  for  ordinary  school  purposes, 
which  shall  be  designated  as  the  high  school  building  and 
ground  tax,  etc.'  We  think  the  court  below  was  right  in 
holding  that  this  is  not  a  minute  of  a  levy  of  a  regular  an- 
nual tax  for  such  year,  but  is  only  a  reference  indicating 
that  such  action  may  have  been  taken  at  some,  other  time 
and  place  ;  but  nowhere  in  the  minutes  is  there  anything  to 
show  that  such  levy  was  actually  made  for  the  year  1897."  8 

"  Very  large  sums  of  money  are  annually  appropriated 
by  the  commonwealth,  and  the  people  submit  to  the  lawful 
tax  for  the  benefit  of  the  schools  and  the  education  of  the 
children  of  the  state.  The  law  commands  that  the  officials 
who  control  these  vast  sums  and  conduct  the  affairs  of  the 
schools  shall  expend  the  money  economically  and  wisely, 
and  that  a  record  of  how  it  is  to  be  done  shall  be  made,  in 
most  cases  in  advance. 

"  It  may  be  mentioned  here  that  most  if  not  the  whole 
difficulty  complained  of  could  have  been  avoided  had  the  di- 
rectors in  the  commencement  of  the  school  year  made  an 
itemized  estimate  of  the  resources  as  well  as  the  liabilities 
and  expenses  of  the  district,  and  then  spread  the  whole  pro- 
ceedings upon  the  minutes  of  the  board."  9 


7.  Coal  and  Iron  Co.  vs.  Dunphy,  n  D.  R.  218,  1901. 

8.  Walker  vs.  Edmonds,  197  Pa.  645,  1901. 

9.  Mitchell  vs.  McCormick,  9  Kulp  286,  1898. 


COMMON   SCHOOL   LAW 

No  tax  to  be  levied  by  directors  except  by  affirmative  vote  of  a  ma= 
jority.     Votes.     Minutes. 

396.  A  majority  of  the  members   of  the  board   must 
vote  for  the  tax,  and  the  names    of  those  voting  in  the  af- 
firmative and  negative  must  be  entered  on  the  minutes. 

No  tax  for  school  or  building  purposes  shall  be  levied, 
except  by  the  affirmative  votes  of  a  majority  of  the  whole 
number  of  the  directors  or  controllers  thereof ;  and,  in  each 
of  said  cases,  the  names  of  the  members  voting,  both  in  the 
affirmative  and  the  negative,  shall  be  so  entered  on  the  min- 
utes of  the  board  by  the  secretary.10 

The  courts  demand  a  substantial  compliance  with  all  the  provi- 
sions of  the  act. 

397.  They  (provisions  of  the  act)  are  wise  and    whole- 
some provisions,  intended   to  correct  gross  abuses   which 
had  gradually  crept  into  the  administration  of  our  school 
system,  and  hence  it  is  not  too  much  to  insist  upon  a  sub- 
stantial compliance  with  the  spirit,  if  not  the  very  letter,  of 
the  act.11 

To  hold  that  it  is  merely  directory  and  that  the  board 
may  at  pleasure  substitute  a  secret  ballot,  and  thus  make  it 
impossible  for  the  secretary  to  record  the  affirmative  and 
negative  votes,  would  defeat  the  manifest  purpose  for  which 
it  was  enacted.12 

In  the  matter  of  hiring  teachers  or  levying  taxes, 
where  the  law  requires  the  vote  of  a  majority  of  the  whole 
board  to  vote  for  the  hiring  of  the  teacher  or  the  levy  of  the 
tax,  the  minutes  must  show  that  at  least  four  of  the  direc- 
tors voted  to  levy  the  tax  or  to  hire  the  teacher,  and  it  is 
much  better  that  the  minutes  show  the  names  of  the  di- 
rectors voting  for  and  against  such  proposition.'3 

But  where  the  minutes  stated  that  all  of  the  school  di- 
rectors were  present,  and  the  vote  for  the  tax  was  unani- 
mous, the  names  of  those  voting  and  how  they  voted,  how- 


TO.     Act  April  u,  1862,  Sec.  4,  P.  I/.  471. 

11.  School  District  vs.  Mercer,  115  Pa.  559,  1879. 

12.  Heisey  vs.  Risser,  et  al. ,  3  Pa.  Superior  Ct.  196,  1896. 

13.  C.     Mathewson  et  al.  vs.  School  Directors,  23  Pa.  C.  C.  121,   1899. 
Burke  vs.  School  District,  28  Pa.  Superior  Ct.  163,  1905. 


TAXATION  173 

ever,  not  appearing  on  the  minutes,   the  act  was  held    to 
have  been  substantially  complied  with.14 

Where  less  than  the  whole  board  were  present,  but  the 
minutes  set  forth  the  names  of  those  present,  and  that  in 
each  case  the  resolution  passes  unanimously,  the  court, 
"after  a  good  deal  of  hesitation,"  held  that  there  had  been 
a  substantial  compliance  with  the  law.15 
Amount  of  tax  and  kind  of  taxables. 

398.  The  board  of  directors  or  controllers  shall,  an- 
nually, before  the  ist  day  of  July  l6  proceed  to  levy  and  ap- 
portion the  school   tax,  not  exceeding  the  amount  of  state 
and  county  taxes  authorized  by  law  to  be  assessed  on  all  ob- 
jects, persons  and  property,  made  or  to  be  made  taxable  for 
state  or  county  purposes,  and  that  all  the  taxes  levied  and 
assessed  by  the  directors  or  controllers  within  each  school 
year,  shall  be  contained  in  the  same  duplicate.17 

Amount  of  tax  not  to  exceed  the  sum  of  state  and  county  tax. 

399.  "  The  school  director  says  :     '  I  have  now  a  law- 
ful list  of  the  subjects  which  I  may  tax,  now  what  is  the 
amount  I  may  levy  ?  '       Answer  :  an  amount  not  exceed- 
ing the  amount,  that  is,  the  aggregate,  the  sum  total  of  the 
state,  and,  i.  e.,  added  to  (for  this  conjunction  implies  addi- 
tion) the  county  tax. 

We  are,  therefore,  to  take  the  amount  of  the  county 
tax  authorized  by  law  at  the  time  when  the  school  tax  is  as- 
sessed, now  ten  mills,  and  add  thereto  the  amount  of  the  state 
tax,  in  like  manner  authorized  at  the  time  of  said  assess- 
ment, now  three  mills,  and  their  sum  gives  us  the  maximum 
rate  for  the  school  assessment."  l8 

"  The  amount  of  ordinary  school  tax  cannot  be  greater 
in  any  district  (except  by  special  legislation)  than  the 
amount  of  state  and  county  tax  authorized  by  law  to  be  as- 
sessed. The  amount  authorized  to  be  levied  at  the  time  of 


14.  Tobin  vs.   Morgan,  70  Pa.  229,  1871. 

15.  Genesee  Township  vs.  McDonald,  98  Pa.  444,  1881. 

16.  Act  April  22,  1863,  P.  L,.  523. 

17.  Act  May  8,  1854,  Sec.  30,  P.  L,.  617. 

18.  Conyngham  School  District's  Appeal,  77  Pa.  265,  1874. 


174  COMMON   SCHOOL   LAW 

the  passage  of  the  law  was  thirteen  mills  on  the  dollar,  ten 
mills  for  county  and  three  mills  for  state  purposes.  The 
state  tax  has  since  been  taken  off  real  estate,  but  this  does  not 
affect  the  amount  of  school  tax  that  can  be  levied,  for  the 
reason  that  it  was  the  obvious  intention  of  the  law  to  fix 
that  amount  at  thirteen  mills  on  the  dollar,  and  thus  avoid 
the  perplexing  changes  that  would  otherwise  cripple  the 
financial  management  of  school  affairs."  I9 
County  commissioners  to  furnish  adjusted  valuation. 

400.  That  for  the  purpose  of  enabling  the  board  of  di- 
rectors or  controllers  to  assess  and  apportion  the  tax  for  the 
ensuing  school  year,  the  county  commissioners  shall,  when 
required,  furnish  the  president  or  secretary   of  the    board 
with  a  correct  copy  of  the  last  adjusted  valuation  of  proper 
subjects  and  things  made  taxable  in  the  same,  for  state  or 
county  purposes,  which  said  property,  subjects  and    things 
are  hereby  made  taxable  for  school  purposes,    according  to 
the  provisions  of  this  act.20 

School  tax  limited. 

401.  The  29th  section,  of  the  act  of  May  8.  1854,  P. 
L.  617,  to  which  this  is  a  supplement  as  above  set    forth, 
"shall  not  be  construed  to  authorize  the  taxation  of  any 
object  or  property,  for  school  purposes,  which  shall  not  be 
contained  in  the   copy  of  the  last    adjusted    valuation    of 
proper  subjects  and  things  made  taxable  for  state  or  county 
purposes,  furnished  to  the  board  of  directors,  or  controllers, 
by  the  county  commissioners."21 

Construction  of  apth  section,  Act  of  flay  8,  1854. 

402.  "This  section  (29,  act  May  8,  1854,  P.  L.  617) 
furnishes  to  the  board  of  directors  a  schedule  of  those  ob- 
jects upon  which  they  may  assess  their  tax.     Now,  it  mat- 
ters not  that  certain    articles,  found   in    those   assessment 
lists,  are  taxable  only  for  state,  and  others  only  for  county 
purposes,  because  all  are  made  taxable  for  school  purposes 
without  distinction. 


19.  Pa.  School  Laws  and  Decisions,  1903,  page  185. 

20.  Act  May  8,  1854,  Sec.  29.  P.  L-  617.     See  infra. 

21.  Act  May  8,  1855,  Sec.  u,  P.  L.  509. 


TAXATION  175 

The  act  refers  in  general  terms  to  subjects  taxable  for 
state  and  county  purposes,  in  order  that  the  valuations  may 
be  uniform,  and  that  those  made  for  the  county  commis- 
sioners may  become  valuations  for  the  school  assessments  ; 
uniformity  is  thus  obtained  and  expense  avoided.  Never- 
theless, these  school  assessments  are  none  the  less  separate 
and  independent,  because  based  on  the  county  and  state 
valuations.  Clearly  the  legislature  of  1862  understood,  as 
we  do,  that  the  act  of  1854  authorized  but  one  uniform  rate 
of  assessment  on  all  property  made  subject  to  school  tax."22 
School  directors  to  levy  a  per  capita  tax  of  one  dollar. 

403.  It  shall  be  lawful  for  school  directors  or  school 
controllers  of  any  city,  borough  or  township  within  this 
commonwealth,  to  levy  and  collect,  annually,  a  per  capita 
-tax  of  one  dollar  for  school  purposes  from  each  and  every 
male  inhabitant  of  the  age  of  twenty-one  years  and  upwards 
within  their  respective  district.23 

Collection. 

404.  The  per  capita  tax  authorized  in  the  first  section 
of  this  act  shall  be  levied  and   collected  at  the  same  time 
and  in  the  same  manner  as  school  taxes  are  now  levied  and 
collected  by  law.24 

Per  capita  tax  to  be  in  lieu  of  occupation  tax. 

405.  The  per  capita  tax  herein  authorized  shall  be  in 
lieu  of  the  occupation  tax  for  school  purposes,  and  this  act 
shall  in  no  wise  limit  or  abridge  the  power  of  school  direc- 
tors or  controllers  to  levy  a  tax  on  real  and  personal  prop- 
erty for  school  and  building  purposes.25 

Occupation  tax,  per  capita  tax,  implied  repeal  of  statutes,  acts  1862, 
1897- 

406.  The  act  of  July  22,  1897,  authorizing  directors  to 
levy  and  collect  a  per  capita  tax  repeals  the  act  of  April  n, 
1862,  providing  for  the  levying  of  an  occupation  tax.26 


22.  Conyngham  School  District's  Appeal,  77  Pa.  265,  1875. 

23.  Act  July  22,  1897,  Sec.  i,  P.  L.  305. 

24.  Act  July  22,  1897,  Sec.  2,  P.  L,.  305. 

25.  Act  July  22,  1897,  Sec.  3,  P.  L,.  305. 

26.  Phillips  vs.  Barnhart,  27  Pa.  Superior  Ct.  26,  1904. 


176  COMMON   SCHOOL   LAW 

Subjects  not  taxable. 

407.  All  churches,  meeting  houses,  or  other  regular 
places  of  stated  worship,  with  the  grounds  thereto  annexed 
necessary  for  the  occupancy  and  enjoyment  of  the  same  ; 
all  burial  grounds  not  used  or  held  for  private  or  corporate 
profit ;  all  hospitals,  universities,  colleges,  seminaries,  acad- 
emies, associations  and  institutions  of  learning,  benevolence 
or  chanty,  with  the  grounds  thereto  annexed  and  necessary 
for  the  occupancy  and  enjoyment  of  the  same,  found,  en- 
dowed and  maintained  by  public  or  private  charity  ;  and  all 
school  houses  belonging  to  any  county,  borough  or  school 
district,  with  the  ground  thereto  annexed  and  necessary 
for  the  occupancy  and  enjoyment  of  the  same  ;  and  all  court 
houses  and  jails,  with  the  grounds  thereto  annexed,  be  and 
the  same  are  hereby  exempted  from  all  and  every  county,, 
city,  borough,  bounty,  road,  school  and  poor  tax :  Pro- 
vided, That  all  property,  real  or  personal,  other  than  that 
which  is  in  actual  use  and  occupation  for  the  purposes 
aforesaid,  and  from  which  any  income  or  revenue  is  derived, 
shall  be  subject  to  taxation,  except  where  exempted  by  law, 
for  state  purposes,  and  nothing  herein  contained  shall  ex- 
empt same  therefrom  :  And  provided,  That  all  property, 
real  and  personal,  in  actual  use  and  occupation  for  the  pur- 
poses aforesaid  shall  be  subject  to  taxation,  unless  the  per- 
son or  persons,  association  or  corporation,  so  using  and  oc- 
cupying the  same,  shall  be  seized  of  the  legal  or  equitable 
title  in  the  realty  and  possessor  of  the  peisonal  property  ab- 
solutely.27 

A  municipality  is  not  subject  to  the  general  tax  laws, 
and  its  property  owned  and  used  for  public  purposes  is  not 
taxable  unless  specifically  made  so  by  law.28 

County  poor  house  not  taxable.29 

Where  a  city  owns  real  estate  situated  in  an  adjoining 
township,  part  of  which  it  uses  to  secure  the  purity  of  its 
water  supply,  and  part  for  the  use  and  enjoyment  of  the 


27.  Act  of  May  29,  1901,  P.  L.  319. 

28.  County  of  Erie  vs.  City  of  Erie,  113  Pa.  360,  1886. 

29.  Schuylkill  County  vs.  School  Directors,  42  Pa.  21,  1862. 


•TAXATION  177 

public  as  a  park,  such  real  estate  is  not  taxable  for  county, 
school  or  road  purposes,  either  by  county,  school  district  or 
township.30 

Market  house,  the   property  of  a  borough,  is  not  sub- 
ject to  school  or  building  tax.31 

Public  libraries,  museums  and  art  galleries  exempt.32 
Tax  on  trust  property. 

408.  All  money  now,  or  hereafter,  to  become  taxable  for 
common  school  purposes,  and  held,  used  or  invested  by  any 
person,  company  or  corporation  in  trust,  for  the  use,  benefit 
or  advantage  of  any  other  person,  company  or  corporation,' 
shall  only  be  assessed  in,  and  subject  to  school   tax,  for  the 
benefit  of  the  school  district  within  which  the  trustee  there- 
of resides,  or  has  his  usual  place  of  business  ;  and  all  real 
estate,  so  taxable  for  school  purposes,  and  in  the  charge  or 
possession  of  any  trustee,  as  aforesaid,  shall  be  assessed  in, 
and  subject  to  school  tax,  for  the  benefit  of  the  school  dis- 
trict within  which  the  same  is  situated.33 

Property  held  for  use  of  minors  residing  in  another  state. 

409.  "  Personal  property  held  for  use  of  minors  residing 
in  another  state,  is  taxable  for  school  purposes  in  the  county 
where  the  guardian  resides,  and  where  he  holds   it  for  the 
minor's  use,  under  the  act  of  April  22,  1846."  34 
Exonerations. 

410.  The  board  shall  have  the  right  at  all  times,  to 
make  such  abatements  or  exonerations  for  mistakes,  indi- 
gent persons  or  unseated  lands,  as  to  them  shall  appear  just 
and  reasonable ;  and    the  secretary  shall  enter  on  the  min- 
utes the  names  of  all  persons  in  whose  favor  such   abate- 
ments or  exonerations  were  made,  together  with  the  rea- 
sons therefore.35 


30.  Reading  vs.  Berks  County,  22  Pa.  Superior  Ct.  373,  1903. 

31.  Carlisle  Borough  School  District  vs.  Carlisle  Borough,  n  D.  R.,  294, 

1901. 

32.  Act  April  20,  1905,  P.  L.  234. 

33.  Act  April  n,  1862,  Sec.  7,  P.  L.  471  » 

34.  West  Chester  School  District  vs.  Darlington,  38  Pa.  157,  1861. 

35.  Act  May  8,  1854,  Sec.  31,  P.  L.  617. 


178  COMMON   SCHOOL   LAW 

Section  10  of  the  act  of  1885  provides  that  "exonera- 
tions may  be  made  by  the  authorities  and  in  the  manner  as 
heretofore."  The  method  of  exoneration  as  to  school  tax 
is  provided  in  section  31  of  the  act  of  1854.  After  the  act 
of  1885,  as  weU  as  before,  exonerations  are  to  be  made  by 
the  several  authorities,  and  in  the  same  manner  as  before.36 
Purposes  for  which  ordinary  school  tax  may  be  used. 

411.  "School  tax    is    applicable    to    the    payment    of 
teachers'  salaries,  school  books  and  supplies,  fuel,  stationery 
for  the  board,  salary  of  secretary,  and  all  other  ordinary  an- 
nual expenses  necessary  to  keep  the  schools   in   operation. 
Also,  when  there  is  no   building  tax  or  fund,   occasional 
repairs  and  additions  to  furniture  and  apparatus  are  to  be 
paid  for  out  of  the  ordinary  school  tax." 

"  Debt  from  a  former  year,  for  school  purposes,  should 
be  provided  for  by  an  addition  to  the  ordinary  school  tax 
of  the  next  year."37 

Surplus  of  ordinary  tax  may  be  used  for  payment  of  debts    for 
building  purposes. 

412.  The  principal  question  in  this  case  is  whether 
any  of  the  ordinary  school  taxes  can  be  required  to  be    ap- 
plied to  a  debt  contracted  for  building  purposes.     There  is 
a  noticeable  difference  between  the  provision  in  the.  act    of 
8th  May,  1854,  for  collecting  the  tax    for  ordinary    school 
purposes,  and  that  for  collecting  the  tax  for  building  pur- 
poses.    The  thirty-third  section,  providing  for  the  latter,  de- 
clares that  it  shall  not  exceed  the  amount  of  the  regular  an- 
nual tax  for  such  year,  and  shall  be  applied   solely    to  the 
purpose  of  purchasing    and   paying    for   the  grounds    and 
the  buildings  or  erection  of  buildings  thereon.     The   sec- 
tions relating  to  the  ordinary  annual  tax  have    no  restric- 
tion, except  that  to  be  inferred  from  the  duty  of  keeping 
the  schools  open  for  at  least  five  months  in  the  year.     The 
building  tax  cannot  be  diverted  to  ordinary  purposes  ;  but 
it  is  not  a  consequence  that    none  of  the  ordinary  taxes 
shall  be  appropriated  to  the  payment  of  debts  for  building. 


36.  Sch6ol  District  vs.  Pitts,  184  Pa.  156,  1898. 

37.  Pa.  School  Laws  and  Decisions,  1903,  page  185. 
Gilbert  et  al.  vs.  Tierney,  14  Pa.  C.  C.  472,  1894. 


TAXATION  179 

We  cannot  perceive  the  justice  or  legal  rule  which  would 
exempt  the  surplus  of  the  annual  taxes  from  the  payment 
of  debts  contracted  for  buildings  ;  provided  it  does  not  pre- 
vent the  schools  from  being  kept  open  for  (five)  months  in 
the  subsequent  year.38 

Special  tax  for  building  purposes. 

413.  The  board  of  directors  or  controllers  in  cities  or 
boroughs  where  the  school  property  is  vested  in  them  agree- 
able to  the  provisions  of  Section  2  (Act  May  8,  1854),  may, 
at  any  time  not  oftener  than  once  in  each  school  year,  levy 
a  special  tax  not  exceeding  the  amount  of  the  regular  an- 
nual tax  for  such  year,  to  be  applied  solely  as  follows  :  (a) 
for  purchasing  grounds  ;    (b)  for  erecting  and  furnishing 
buildings  ;  (c)  for  the  accumulation  of  a  fund  for  purchasing 
grounds  and  erecting  buildings  ;  (d)  for  the  payment  of  a 
debt  contracted  in  purchasing  ground  and  erecting  build- 
ings ;  (e)  for  completing  improvements  in  school  buildings 
contemplated  at  the  time  of  their  erection  ;  (f )  for  fencing 
and  improving  grounds  in  connection  with  the  erection   of 
buildings  ;  (g)  for  the  payment  of  the  expense  of  fuel  used 
in  the  heating  of  buildings  ;  (h)  for  the  payment  of  the  ex- 
pense of  janitors   employed   to   care   for  school  buildings, 
which  said  tax  shall  be  levied  and  collected  at  the  same  time 
in  the  manner  and  with  like  authority  as  the  regular  an- 
nual tax.39 

Building  tax  can  only  be  levied  when  there  is  a  levy  for  ordinary 
school  purposes  for  the  same  year,  and  it  cannot  exceed  such 
levy. 

414.  As  the  extent  of  a  special  tax  in  any  year,  is  lim- 
ited by  the  act  of  assembly  to  an  amount  not  exceeding  the 
regular  annual  tax  for  such  year,  it  necessarily  follows  that 
if  no  regular  annual  tax  be  levied,  then  any  attempt  to  levy 
a  special  tax  must  fail,  as  such  tax  in  any  amount  would  be 
in  excess  of  the  regular  levy.40 


38.  German  Township  School  District  vs.  Sangston,  74  Pa.  454,  1873. 

39.  Act  May  26,  1897,  P.  L.  94,  as  amending  Sec.  33  of  Act  May  8,  1854, 

P.  L.  617. 

40.  Walker  vs.  Edmonds,  197  Pa.  645,  1901. 


l8o  COMMON   SCHOOL   LAW 

It  must  appear  that  the  tax  was  authorized. 

;  415.  Where,  upon  hearing,  it  does  not  clearly  appear 
that  any  particular  action  was  taken  by  the  school  board  at 
t,he  time  the  last  new  school  building  was  erected  by  the 
school  district,  in  relation  to  certain  improvements,  the 
court  will  continue  a  preliminary  injunction  to  restrain  the 
collection  of  a  building  tax  until  it  appears  that  the  tax  levy 
Was  authorized  and  legal.41 

Building  tax  not  to  be  levied  during  division  of  township  or  school 
district  or  the  erection  of  a  borough. 

416.  Whilst  proceedings  are  pending  in  any  court  of 
this  Commonwealth  for  the  division  of  any  township  or 
school  district,  or  for  the  erection  of  any  borough,  it  shall 
not  be  lawful  for  the  school   directors  of  the  township  or 
district  proposed  to  be  divided  or  out  of  which   such  bor- 
ough is  proposed  to  be  erected,  to  levy,  assess  or  collect  any 
tax  whatever  for  the  purchase  of  ground  or  for  building  pur- 
pose except  where  the  same  shall  be  necessary  to  rebuild  a 
school  house  accidentally  injured  or  destroyed,  or  to  pay  a 
debt  previously  incurred.42 

The  ordinary  tax  and  the  building  tax  to  be  kept  separate. 

417.  "  These  two  taxes  are  to  be  placed  in  the  same 
duplicate,  but  are  to  be  kept  entirely  separate,  so  that  each 
taxpayer  may  know  just  how  much  tax  is  assessed  against 
him  and  for  what  purpose.     Then,  too,  these  taxes  are  for 
separate  and  distinct  purposes.     The  school  tax  is  not  ap- 
plicable to  the  purchase  of  grounds  and  erection  of  school 
buildings,  neither  is  the  building  tax  to  be  used  to  pay  the 
wages  of  teachers  or  the  purchase  of  fuel,  or  for  any  of  the 
ordinary  expenses  of  keeping  the  schools  open  and  in  ope- 
ration."43 

When  a  building  tax  is  levied,  the  assessment  made 
for  that  purpose  must  be  voted,  and  calculated  as  a  separate 
tax,  and  placed  in  the  duplicate  as  a  distinct  and  separate 
item  from  the  assessment  made  for  school  purposes.  When 


41.  Gilbert  et  al.  vs.  Tierney,  14  Pa.  C.  C.  472,  1894. 

42.  Act  June  13,  1874,  P.  L.  284. 

43.  C.  Mathewson  et  al.  vs.  School  Directors,  23  Pa.  C.  C.  121,  1899. 


TAXATION  l8r 

collected,  each  fund  must  be  applied  to  its  lawful   purpose 
according  to  its  proportional  rate.44          • 

Special  tax  must  be  devoted  solely  to  purposes  for  which  author- 
ized. 

418.  The  building  tax  levied  by  school  directors  is 
only  applicable  to  certain  definite  purposes  set  out  in  the 
statute  authorizing  this  tax.45 

The  act  of  May  26,  1897,  P.  L.  94,  previously  cited, 
specifies  the  following  purposes  for  which  the  revenue  from: 
the  tax  may  be  used  : 

1.  Purchasing  grounds. 

2.  Erecting  and  furnishing  buildings. 

3.  The  accumulation  of  a  fund  for  purchasing  grounds 

and  erecting  buildings. 

4.  The  payment  of  a  debt  contracted  in   purchasing 

ground  and  erecting  buildings. 

5.  Completing  improvements  in  school  buildings  con- 

templated at  the  time  of  their  erection. 

6.  Fencing    and    improving  grounds    in    connection 

with  the  erection  of  buildings. 

7.  The  payment  of  the  expense  of  fuel   used   in   the 

heating  of  buildings. 

8.  The  payment  of  the  expense  of  janitors  employed  to 

care  for  school  buildings. 

Special  levy,  mandamus,  Act  of  1835. 

419.  Mandamus  will  not  lie  under  the  act  of  February 
28,  1835,  to  compel  directors  to  levy  a  special   tax   to  pay 
the  districts'  indebtedness  ;  the  act  of  1835  does  not   apply 
to  school  districts.46     • 

Building  tax  cannot  be  diverted  to  ordinary  school  purposes. 

420.  Where  an  attempt  was  made  to  levy  and  collect 
a  building  tax  in  one  year,  for  the  purpose  of  using  a  por- 
tion thus  collected  to  pay  a  deficit  in  the  general  fund   for 
the  preceding  year,  the  court  said  : 


44.  Pa.  School  Laws  and  Decisions,  1903,  page  189. 

45.  Mason  vs.  Caffrey,  9  Kulp,  414,  1899. 

46.  Pittston  Twp.  School  District,  12  Luz.  472,  1905. 


1 82  COMMON   SCHOOL   LAW 

"  It  is  settled  that  the  building  tax  of  a  school  district 
cannot  be  di verted «to  ordinary  school  purposes.47  The  court 
was  clearly  right  in  enjoining  the  collection  of  so  much  of 
the  tax  levied  for  building  purposes,  as  was  not  needed  or 
intended  to  be  used  therefor.  When  levied  as  a  building 
tax  it  must  be  used  in  good  faith  for  that  purpose  alone. 
Although  in  form,  it  may  be  levied  for  that  purpose,  yet,  if 
in  fact,  there  is  no  expectation  or  intention  of  so  using  the 
greater  portion  thereof,  such  excess  is  without  authority  of 
law.  The  rights  of  taxpayers  cannot  thus  be  set  at  naught, 
and  their  property  be  taken  from  them."48 

Building  tax  cannot  be  levied  for  ordinary  repairs,  but  may  be  for 
"completing  improvements  in  school  buildings  contem- 
plated at  the  time  of  their  erection." 

42 1 .  In  Gilbert  et  al.  vs.Tierney,  the  court  said  :  "  The 
continuance  or  dissolution  of  the  injunction  seems  to  turn 
upon  the  question  whether  or  not  the  tax  really  is  a  building 
tax,  or  a  tax  to  make  repairs.  Without  stopping  at  this  time 
to  inquire  what  is  included  in  the  term  building  or  erection 
of  school  buildings  thereon,  we  may  say  it  does  not  clearly 
appear  that  any  particular  action  was  taken  by  the  school 
board  at  the  time  the  last  new  building  was  erected  by  the 
school  district,  in  relation  to  steam  heat,  nor  have  we  be- 
fore us  what  the  action  of  the  school  board  was.  There  can 
be  no  difficulty  in  giving  us  this  information  and  also  the 
time  when  such  action  occurred  and  the  building  was 
erected.  The  authorities  in  relation  to  this  subject,  we 
think,  make  this  necessary  in  order  that  the  question  of  the 
legality  of  the  tax  may  be  ascertained.  The  cases  of  School 
District  vs.  Sangston,  74  Pa.  454,  and  Conner's  et  al.  Ap- 
peal, 103  Pa.  356,  show  that  a  building  tax  may  not  be 
levied  for  ordinary  repairs  only.  Hence  the  necessity  of 
showing  what  the  records  of  the  school  district  show  in  re- 
lation to  this  matter."49 


47.  German  Twp.  School  District  vs.  Sangston  74  Pa.  454,  1873. 

48.  Conner's  Appeal,  103  Pa.  356,  1883. 

49.  Gilbert  et  al.  vs.  Tierney,  14  Pa.  C.  C.  472,  1894. 


TAXATION  183 

A  special  building  tax  may  be  used  to  lease  a  building  and  fit  it  up 
as  a  school  house. 

422.  "The  duties  and  powers  of  school  directors  are 
defined  and  regulated  by  the  act  of  May  8,  1854,  and  its  sup- 
plements. Their  important  duties  are  two  in  number.  One 
is  '  to  establish  a  sufficient  number  of  common  schools  for 
the  education  of  every  individual  between  the  ages  of  six 
and  twenty-one  years,  in  their  respective  districts,  who  may 
apply  for  admission.'  The  other,  as  defined  by  the  act  of 
1854,  is  'to  cause  suitable  lots  of  ground  to  be  procured 
and  suitable  buildings  to  be  erected,  purchased,  or  rented, 
for  school  houses,'  in  which  the  common  schools  may  be 
conducted.  To  provide  them  with  the  means  necessary  to 
enable  them  to  perform  these  duties  they  are  clothed  by  law 
with  the  power  to  levy  and  collect  two  distinct  taxes.  One 
of  these  is  styled  a  school  tax,  the  other  a  special  or  build- 
ing tax.  The  school  tax  must  be  large  enough  so  that, 
'  together  with  such  additional  sums  as  the  district  may  be 
entitled  to  receive  out  of  the  state  appropriations  and  from 
other  sources,  it  shall  be  sufficient  to  keep  the  schools  of 
the  district  in  operation  not  less  than  four  or  more  than 
ten  months  in  the  year.'  The  special  or  building  tax  must 
be  levied  and  used  to  provide  '  suitable  buildings '  for  use 
as  school  houses,  and  cannot  be  lawfully  diverted  to  any 
other  purpose.  If  the  general  or  school  tax  should  produce 
a  sum  large  enough  to  enable  the  directors  to  perform 
both  duties  no  other  tax  would  be  necessary.  If  it  should 
not,  it  must  be  supplemented  by  the  special  tax  which  must 
be  devoted  to  the  sole  purpose  of  providing  the  school 
houses  needed.  Whether  a  special  tax  may  be  lawfully 
levied  and  collected  depends  on  whether  greater  school 
house  accommodation  is  needed  in  the  district  than  the  di- 
rectors can  supply  with  the  means  at  their  command.  If 
such  need  exists  the  best  manner  in  which  to  meet  it  is  a 
question  for  the  directors  to  settle  in  the  exercise  of  their 
official  discretion.  The  law  authorizes  them  to  meet  it  by 
the  erection  of  a  suitable  building  (which  would  include  the 
enlargement  of  an  existing  building),  by  the  purchase,  and 
by  the  renting,  of  a  suitable  building  for  use  as  a  school 


184  COMMON   SCHOOL   LAW 

house.  When  they  decide  which  of  these  methods  is  best 
adapted  to  the  exigency  and  the  best  interests  of  the  dis- 
trict, they  must  next  inquire  whether  the  ordinary  school 
tax  will  yield  a  sufficient  sum  of  money  to  maintain  the 
schools  and  provide  the  additional  school  house  accommo- 
dation. If  it  will  not,  then  the  circumstances  have  arisen 
which  will  justify  the  exercise  of  the  power  to  levy  and  col- 
lect a  special  tax. 

"  In  the  case  at  bar  it  appears  that  the  directors  of  Em- 
porium School  District  found  four  hundred  and  nine  persons 
applying  for  admission  to  their  school.  Their  school  house 
furnished  accommodation  for  only  three  hundred  and  thirty. 
What  should  they  do  to  provide  for  the  eighty  persons  whom 
they  could  not  accommodate  ?  It  was  their  duty  under  the 
law  to  make  some  provision  for  them,  and  they  deliberated 
as  to  the  best  way  in  which  to  perform  that  duty.  Their 
first  plan  was  to  erect  a  new  school  house  of  sufficient  size 
to  accommodate  the  whole  number  applying,  and  to  supply 
the  probable  demand  for  some  years  to  come  ;  but  the  ex- 
pense of  such  a  structure  would  make  it  necessary  to 
incur  a  considerable  debt.  The  question  whether  the  debt 
should  be  contracted  for  this  purpose  was  submitted  to  the 
decision  of  the  qualified  voters  of  the  borough  and  their  de- 
cision was  against  it.  The  directors  were  thus  shut  up  to  the 
necessity  of  meeting  the  demand  upon  them  in  a  less  expen- 
sive way.  They  decided,  and,  so  far  as  we  can  judge  from  this 
record,  decided  wisely,  that  it  was  not  best  to  enlarge  a 
building  which  was  old  and  illy  adapted  to  the  wants  of 
the  district ;  nor  to  buy  a  building  for  a  temporary  pur- 
pose ;  but  to  rent  suitable  rooms  and  fit  them  up  for  occu- 
pancy until  the  district  should  be  able  to  make  suitable 
permanent  provisions  for  tlie  scholars  within  its  limits. 
Having  determined  what  must  be  done  they  found  the 
school  tax  did  not  provide  the  means  of  doing  it.  They 
accordingly  levied  a  special  tax  to  enable  them  to  do  what 
the  law  required  them  to  do,  viz.,  to  make  provision  for 
the  eighty  persons  applying  for  admission  to  the  school  for 
whom  they  had  no  room  in  the  school  house  belonging  to 
the  district. 


TAXATION  185 

u  In  the  case  before  us  it  is  clearly  the  duty  of  the  di- 
rectors to  provide  for  the  eighty  persons  residing  in  the 
district  and  demanding  admission  to  the  public  schools.' 
They  cannot  make  provision  by  the  erection  of  a  suitable 
building  or  the  purchase  in  fee  of  such  building,  because  of 
an  existing  debt  which  voters  refuse  to  increase.  If  they 
cannot  apply  the  proceeds  of  the  special  tax  to  the  pur- 
chase of  a  leasehold,  then  they  cannot  perform  the  duty 
which  the  law  has  laid  on  them.  The  eighty  applicants 
must  be  denied  admission  to  the  school,  and  the  doors 
closed  against  them  indefinitely.  This  could  not  have  been 
the  intention  of  the  law-makers  and  we  could  not  adopt 
such  a  construction  unless  the  language  employed  by  them 
left  us  no  alternative.  We  are  of  opinion  that  the  pur- 
chase of  a  leasehold  was  a  proper  way  to  provide  for  the 
persons  applying  for  admission  to  the  school  in  Emporium; 
and  that  the  levy  of  a  special  tax  was  a  proper  and  lawful 
mode  of  raising  the  money  necessary  to  pay  the  price,  and  fit 
up  the  building  for  use  as  a  schoolhouse."50 

If  the  tax  levied  is  clearly  in  excess  of  the  sum  required  for  any 
purpose,  its  collection  will  be  enjoined. 

423.  Even  where  legislative  authority  is  given  to  tax 
for  certain  purposes,  yet  if  the  tax  levied  is  clearly  in  excess 
of  the  sum  required  for  that  purpose,  its  collection  may 
also  be  enjoined.51 

On  a  bill  in  equity  to  restrain  the  collection  of  a  build- 
ing tax  a  preliminary  injunction  will  be  continued  where 
it  appears  from  the  defendant's  own  testimony  that  only  a 
small  portion  of  the  tax  was  to  be  used  for  building  pur- 
poses ;  that  the  alleged  purpose  was  to  use  the  larger  part 
of  the  tax  in  paying  debts,  although  there  were  no  debts 
shown  which  could  be  legally  paid  out  of  such  a  fund,  and 
that  the  school  district  had  large  assets  in  the  shape  of 
sums  due  from  former  collectors  and  treasurers.52 

But  "  An  injunction  to  restrain  collection  of  an  al- 
leged excessive  tax  will  be  refused  where  it  appears  that  the 


50.  Hackett  vs.  Emporium  School  District,  150  Pa.  220, 

51.  St.  Clair  School  Board's  Appeal,  74  Pa.  252,  1873. 

52.  Mitchell  vs.  Kearns,  16  Pa.  Superior  Ct.  354,  1901. 


l86  COMMON   SCHOOL   LAW 

levy  is  not  excessive  or  illegal,  but  necessary  to  the  furnish- 
ing of  reasonable  school  facilities  to  the  pupils  of  the  dis- 
trict."^ 

nisappropriation  of  tax  may  render  directors  personally  liable. 

424.  The  subsequent  misappropriation  of  a  portion  of 
the  proceeds  of  a  special  tax  may  render  the  directors    per- 
sonally liable  to  the  district.54 

Taxation  for  purposes  of  free  public  libraries. 

425.  It  shall  be  lawful  for  said  board  to  levy  a  tax  for 
the    purchase,    improvement    and     maintenance     of     said 
library,  not  exceeding  one  mill  in  any  one  year,  which   tax 
shall  be  included  in  the  tax  levy  made  for  school  purposes, 
upon  the  same  subjects  of  taxation,  and  shall   be   collected 
at  the  same  time  and  in  the  same  manner.55 

Where  library  is  purchased  with  money  of  the  general  school  fund, 
a  library  tax  cannot  subsequently  be  levied  to  replace  the 
same. 

426.  According  to  the  testimony  of  the  defendants,  the 
levy  of  the  one   mill  for   special   purposes,   complained  of, 
was  to  replace  in  the  general   school  fund, — so  far  as   it 
would  go  for  that  purpose, — what  was  expended  by  the  de- 
fendants in  the  year  1896,  from  the  latter  fund,  for  the  pur- 
chase of  a  school  library,  therein  causing  a  deficit  in  such 
fund  for  general  school  purposes,  and  on  account  of  which 
the  auditors  of  the  school  district  for  that  year    have   sur- 
charged the  directors.     It  is  to    be  observed,  in  the  first 
place,  that  the  act  in  question  provides,  not  for  a  levy   to 
pay  for  a  library  already  purchased,  paid  for  and  belonging 
to    the   district,  but    for    the    purchase,  improvement    and 
maintenance  of;  and  under  the  authority  of  Conner's    Ap. 
103  Pa.  356,  the  power  of  the  directors  to  make  such  levy 
is  extremely  doubtful  to  say  the  least."     The  tax    was  re- 
strained by  the  court.56 


53.  Lehigh  Coal,  &c.,  Co.  vs.  Rahn  School  District,  9  D.  R.  692,  1900. 

54.  Hackett  vs.  Emporium  School  District,  150  Pa.  220,  1892. 

55.  Act   April  20,   1905,    P.   L.   231,  amending  Section  3,   Act  June  28, 

1895,  P.  L.  411- 

56.  Lueder  vs.  Caffrey  et  al.,  9  Kulp  144,  189?. 


TAXATION  187 

Lien  of  taxes. 

427.  All  taxes  which  may  hereafter  be  lawfully  im- 
posed or  assessed  on  any  property  in  this  Commonwealth, 
in  the  manner  and  to  the  extent  hereinafter  set  forth,  shall 
be  and  they  are  hereby  declared   to  be  a  first  lien   on  said 
property,  together  with  all  charges,  expenses  and  fees  added 
thereto  for  failure  to  pay  promptly ;  and  such  liens  shall 
have  priority  to,  and  be  fully  paid  and  satisfied  out  of  the 
proceeds  of  any  judicial  sale  of  said  property  before,  any 
other  obligation,  judgment,  claim,  lien  or  estate  with  which 
the  said  property  may  become  charged,  or  for  which  it  may 
become  liable,  save  and  except  only  the  costs  of  the  sale  and 
of  the  writ  upon  which  it  is  made.57 

When  and  how  claims  must  have  been  filed. 

428.  Claims  for  taxes  must  be  filed  in  the  court  of  com- 
mon pleas  of  the  county  in  which  the  property  is  situated, 
on  or  before  the  last  day  of  the  second  calendar  year  after 
that   in  which  the  taxes  or  rates  are  first  payable.     Upon 
each  tax  claim  a  writ  of  scire  facias  must  issue  within  five 
years  from  its  filing,  and  verdict  must  be  recovered  or  judg- 
ment entered  on  the  scire  facias  within  five  years  after  it  is 
issued.    Final  judgment  must  be  entered  on  the  verdict  with- 
in five  years  after  its  recovery.      After  judgment  is  entered, 
it  must  be  revived  by  writ  of  scire  facias  to  revive  the  judg- 
ment ;  or  by  judgment  thereon  within  each  recurring  period 
of  five  years.     If  a  claim  be  not  filed  within  the  time  afore- 
said, or  if  it  be  not  prosecuted  in  the  manner  and  at  the  times 
aforesaid,  it  shall  be  wholly  lost.58 

Assessment  of  taxes.     County  commissioners  to  furnish  copy  of 
last  adjusted  valuation. 

429.  This  adjusted  valuation  is  the  basis  for  assess- 
ments by  the  board  of  school  controllers.     A  levy  by  the 
board  of  school  controllers  upon  an  assessment  made  by 
ward  assessors  in   1889  would  not  be  a  valid   assessment. 
The  assessment  should  be  made  upon  the  valutaion  as  ad- 
justed by  the  commissioners  in  i888.59 

57.  Act  June  4,  1901    Sec.  2,  P.  L.  364. 

58.  Act  June  4,  1901,  Sec.  10,  P.  L.  364. 

59.  Witherop  vs.  Titusville  School  Board  et  al.,  7  Pa.  C.  C.  451,  1892. 


1 88  COMMON   SCHOOL   LAW 

Additional  assessment  made  of  those  moving  into  district  between 
last  assessment  and  the  ist  of  May  in  each  year. 

430.  It  shall   be   the  duty  of  the  several  assessors  to 
assess  such  persons  as  may  remove  into  the  respective  dis- 
tricts between  the  last  assessment  and    ist  day  of  May  in 
each  year,  or  who  may  have  been  omitted  from  the  last  as- 
sessment, and  to  return  their  names,  with  the  amount  of 
state  and  county  tax  payable  by  each,  to  the  board  of  school 
directors,  who  shall  thereupon  assess  the  amount  of  school 
tax  payable  by  such  persons,  which  tax  shall  be  collected  as 
in  other  cases  ;  and  for  taking  such  assessment  the  assessor 
shall   be  paid  by  the  county  commissioners  the  same  com- 
pensation per  diem  as  now  allowed  by  law.60 
Assessment  in  new  districts. 

431.  At  the    next  annual    assessment  after  the  erec- 
tion of  any  such  new  common  school  district,  it  shall  be  the 
duty  of  the  county  commissioners  of  the  proper  county  to 
cause  a  separate  assessment  of  the  subjects  and  things  liable 
to  school  tax  in  each  portion  of  the  new  district  lying  with- 
in his  proper  township  to  be  made  out  by  the  proper  as- 
sessor thereof,  and  to  be  returned  to  them,  wherefrom,  after 
adjustment,  they  shall  cause  to  be  made  a  correct  copy  of 
the  assessment  thus  obtained,  in  every  portion  of  the  new 
district,  and  shall  furnish  the  same  to  the  secretary  thereof, 
and  they  shall,  in  like  manner  and  at  the  same  time,  cause 
to  be  made  out  and  furnished  to  the  state  superintendent  of 
common  schools,  a  full  list  of  all  the  taxable  inhabitants  of 
said  new  district,  according  to  the  provisions  of  the   forty- 
ninth  section  of  the  act  to  which  this  is  a  supplement ;  and 
they  shall  pay  out  of  the  county  funds  to  said  assessors,  the 
usual  compensation   for  the  services   enjoined   by  this  sec- 
tion.61 

Assessment  in  independent  districts. 

432.  That  the  assessors  in   each  and  every  township, 
where  any  portion  of  said  township  may  be  included  within 
the  limits  of  an  independent  school  district,  shall  write  on 


60.  Act  of  April  8,  1905,  P.  I,.  120. 

61.  Act  May  8,  1855.  Sec.  7,  P.  L.  509. 


TAXATION  189 

their  duplicates,  opposite  the  names  of  the  persons  residing 
within  said  independent  district,  the  letters  I.  D.,  for  the  in- 
formation of  the  collector  of  said  tax  and  the  county  com- 


missioners.62 

Fraudulent  assessment,  etc. — misdemeanor. 

433.  If  any  assessor,  or  assistant  assessor  shall   know- 
ingly and  intentionally  omit,  neglect,  or  refuse  to  assess  and 
return  any  property,  person  or  thing  made  taxable  by  law, 
or   shall   knowingly  and  intentionally  assess,  rate  or  value 
the  same,  at  more  or  less  than  he  shall  know  and   believe 
the  just  cash  value  or  rate  thereof,  or  neglect  or  refuse  to 
assess  any  tax  required  by  law,  he  shall  be  guilt}'  of  a  mis- 
demeanor in  office,  and  on  conviction  thereof,  be  subject  to 
imprisonment  not  less  than   three,  nor  more  than  twelve 
months,  and  fined  in  a  sum  not  less  than  one  hundred  nor 
more  than  two  hundred  dollars.63 

Assessment  of  taxes  in  cities  of  the  third  class  where  the  school 
district  comprises  the  same  territory  as  the  city. 

434.  In  cities  of  the  third  class  where  the  school  dis- 
trict comprises  the  same  territory  as  the  city,  the  taxes  for 
school  and  school  building  purposes  shall  be  levied  on  the 
assessment  made  for  city  purposes.64 

The  city  clerk  or  other  competent  person  authorized 
by  city  council  shall  make,  for  the  use  of  the  school  board, 
a  true  copy  of  the  completed  assessment,  and  shall  duly  cer- 
tify the  same  to  the  said  board.65 

This  act  is  constitutional,  School  District  vs.  Smith,  195 
Pa.  515,  1900. 

Collection  of  taxes  in  boroughs  and  townships.  Election  of  tax  col- 
lector. 

435.  The  qualified  voters  of  every  borough  and  town- 
ship in  the   Commonwealth  of  Pennsylvania  shall,  on  the 
third  Tuesday  of  February  after  the  passage  of  this  act  and 
triennially  thereafter,  vote  for  and  elect  one  properly  quali- 


62.  Act  May  8,  1855,  P.  L,.  509. 

63.  Act  May  15,  1841,  Sec.  3,  P.  L.  393. 

64.  Act  May  25,  1897,  Sec.  i,  P.  I,.  85. 

65.  Act  May  25,  1897,  Sec.  2,  P.  L.  85. 


190  COMMON   SCHOOL   LAW 

fied  person  for  tax  collector  in  each  of  said  districts,  who 
shall  serve  for  the  term  of  three  years,  and  shall  give  a  bond 
annually  to  be  approved  by  the  court.66 

The  act  of  June  6,  1893,  P.  L,.  333,  repeals  the  local 
acts  of  April  10,  1848,  P.  L.  443,  and  March  29,  1851,  P. 
L.  284,  so  far  as  those  acts  related  to  the  appointment  of  tax 
collectors,  and  tax  collectors  in  the  townships  named  in 
those  local  statutes  are  elected  by  popular  vote,  as  in  other 
portions  of  the  state.67 
Tax  collector's  bond.  Renewal,  Act  June  6,  1893. 

436.  A  tax  collector  elected   for  three  years  under  the 
Act  of  June  6,  1893,  P.  L,.  333,  must  renew  his  bond   an- 
nually, and  liability  on  the  bond  is  limited  to  the  taxes  for 
the  current  yeai.68 

Vacancies  in  office  of  collector  of  taxes,  how  filled,  under  Act  June 
25, 1885. 

437.  The  courts  of  quarter  sessions  shall  have  power  to 
fill,  by  appointment,  all  vacancies  in  the  said  office,  within 
their  respective  counties.     And,  if  any  person  elected  to  fill 
said  office  shall  fail  to  give  bond  and  qualify  as  hereinafter 
provided,  on  or  before  the   fourth   day  of  the  term  of  said 
court  next  ensuing  his  election,  the  said  court  shall  declare 
his  office  vacant  and  appoint  a  suitable  person,  residing  in 
the  proper  borough  or  township,  to  fill  the  same.69 

Filling  vacancies,  under  Act  July  2,  1895. 

438.  If  any  vacancy   shall   take  place  in   the   office  of 
tax  collector  after  any  ward,  district,  borough   or  township 
election,  by  reason  of  the  erection  of  any  new  ward,  district, 
township  or  borough,  or  from  the  neglect  or  refusal  of  any 
person  elected   to  perform  the  duties  of  the  office,  or  by 
death,  resignation  or  otherwise,  the  court  of  quarter  sessions 
of  the  proper  county  upon  the  petition  of  the  town  council 
or  any  citizen  who  is  a  resident  of  said  borough,  township, 
ward,  setting  forth  the  fact  that  a  vacancy  does  exist,  shall 


66.  Act  June  6,  1893,  P.  L.  333. 

67.  Buckwalter  vs.  Lancaster  County,  12  Pa.  Superior  Ct.  272,  1899. 

68.  Sullivan  County  vs.  Middendorf,  7  Pa.  Superior  Ct.  71, 

69.  Act  June  25,  1885,  Sec.  2,  P.  L.  187. 


TAXATION  191 

appoint  a  suitable  person  to  fill  said  vacancy  for  the  full  or 

unexpired  term.70 

Collector  to  give  bond  and  be  sworn. 

439.  The  collector  of  taxes  shall,  before  he  enters  upon 
the  duties  of  his  office,  take  and  subscribe  an  oath  of  office, 
and  file  the  same  in  the  office  of  the  court  of  quarter  sessions 
of  the  proper  county,  and  shall  also  enter  into  a  bond  to  the 
Commonwealth,  in   double  the  probable  amount  of  taxes 
that  will  come  into  his  hands,  with  at  least  two  sufficient 
sureties ;  said  bond  to  be  approved,  by  the  said  court  or  a 
judge  thereof  in  vacation,  and  filed  in  the  office  of  the  clerk 
of  the  said  court  ;  the  condition  of  which  bond  shall  be,  that 
the  said  collector  shall  well  and  truly  collect  and  pay  over 
or  account  for,  according  to  law,  the  whole  amount  of  taxes 
charged  and  assessed  in  the  duplicates,  which  shall  be  deliv- 
ered to  him.71 

When  duplicates  shall  be  issued. 

440.  The  several  county,   borough,   township,  school, 
poor  and  other  authorities  now  empowered,  and  which  may 
hereafter  be  empowered,  to  levy  taxes   within  the  several 
boroughs  and  townships  of  this  Commonwealth,  shall,  on  or 
before  the  ist  day  of  August  of  each  year  after  the  first  elec- 
tion of  collector  of  taxes  under  this  act,  issue  their  respective 
duplicates  of  taxes  assessed  to  the  collector  of  taxes  of  their 
respective  boroughs  and  townships  with  their  warrants  at- 
tached, directing  and  authorizing  him  to  collect  the  same.  2 
Powers  and  liabilities  of  collectors. 

441.  The  collector  of  taxes  shall  have  all  the  power  for 
the  collection  of  said  taxes,  during  his  term  of  office,  here- 
tofore vested  in  collectors  of  county  taxes   under  existing 
laws,  and  be  subject  to  the  same  liabilities  and  penalties  for 
neglect,  or  violation  of  the  duties  of  his  office.73 

Book  to  be  kept  and  subject  to  inspection. 

442.  The  collector  of  taxes  shall  provide  an  appropriate 
book,  the  cost  of  which  shall  be  allowed  to  him  in  the  set- 


70.  Act  July  2,  1895,  Sec.  i,  P.  L.  434- 

71.  Act  June  25,  1885,  Sec.  3,  P.  L,.  187. 

72.  Act  June  25,  1885,  Sec.  4,  P.  L.  187. 

73.  Act  June  25,  1885,  Sec.  5,  P.  L.  187. 


192  COMMON   SCHOOL   LAW 

tlement  of  his  accounts  in  which  he  shall  enter  in  alpha- 
betical order  the  names  of  all  persons  charged  with  taxes  in 
the  duplicates  aforesaid,  and  showing  the  amount  of  such 
tax  charged  against  each  person,  which  book  shall  be  at  all 
times  open  to  the  inspection  of  each  tax  payer,  and  shall  be 
delivered  by  the  collector  of  taxes  at  the  expiration  of  his 
term  to  his  successor  in  office. 74 

Public  notice  to  be  given,  and  a  reduction  made  for  prompt  pay- 
ment. 

443.  Where  any  duplicate  of  taxes  assessed  is  issued  and 
delivered  to  the  collector  of  taxes,  it  shall  be  the  duty  of 
said  collector  to  give  public  notice  as  soon  thereafter  as  con- 
veniently can  be  done,  by  at  least  ten  written  or  printed 
notices  to  be  posted  in  as  many  public  places  in  different  parts 
of  the  township  or  borough,  that  said  duplicate  has  been  is- 
sued and  delivered  to  him  ;  and  all  persons,  who  shall  within 
sixty  days  from  the  date  of  said  notice  make  payment  of  any 
taxes  charged  against  them  in  said  duplicate,  shall  be  en- 
titled to  a  reduction  of  five  per  centum  from  the  amount 
thereof ;  and  all  persons,  who  shall  fail  to  make  payment  of 
any  taxes   charged  against  them   in  said  duplicate   for  six 
months  after  notice  given  as  aforesaid,  shall  be  charged  five 
per  cent,  additional   on  the   taxes   charged  against  them, 
which  shall  be  added  thereto  by  said  collector  of  taxes  and 
collected  by  him.75 

Collector  may  levy  upon  goods  for  unpaid  taxes,  and  imprison  de- 
linquent where  no  goods. 

444.  If  any  person  shall  neglect  or  refuse  to  make  pay- 
ment of  the  amount  due  by  him  for  such  tax  within  thirty 
days  from  the  time  of  demand  so  made,  it  shall  be  the  duty  of 
the  collector  aforesaid  to  levy  such  amount  by  distress  and 
sale  of  the  goods  and  chattels  of  such  delinquent,  giving  ten 
days'  public  notice  of  such  sale,  by  written  or  printed  ad- 
vertisements and  in  case  goods  and  chattels  sufficient   to 
satisfy  the  same  with  the  costs  cannot  be  found,  such  col- 
lector shall  be  authorized  to  take  the  body  of  such  delin- 


74.  Act  June  25,  1885,  Sec.  6,  P.  L.  187. 

75.  Act  June  25,  1885,  Sec.  7,  P.  L.  187. 


TAXATION  193 

quent,  and  convey  him  to  the  jail  of  the  proper  county, 
there  to  remain  until  the  amount  of  such  tax  together 
with  the  costs,  shall  be  paid  or  secured  to  be  paid,  or  until 
he  shall  be  otherwise  discharged  by  due  course  of  law.76 

Provided  that  nothing  herein  contained  shall  authorize 
the  arrest  or  imprisonment  for  non-payment  of  any  tax  of 
any  female  or  infant,  or  person  found  by  inquisition  to  be 
of  unsound  mind.77 
Collector  may  sue  delinquent  for  recovery  of  unpaid  tax. 

445.  The  provisions  of  the  fiftieth  section  of  an  act  of 
the  general  assembly  of  this  Commonwealth,  entitled  "  An 
Act  relating  to  the  county  rates  and  levies,  and  township 
rates  and  levies,"  passed  April  fifteenth,  1834,  shall  not  be 
so  construed  as  to  prohibit  a  collector  of  taxes  from    insti- 
tuting suit  or  suites  for  the  recovery  of  taxes  due  and  un- 
paid, at  any  time  after  the  expiration  of  his  warrant  ;  but  in 
all  cases  where  taxes  are  due  and  unpaid  to  any   collector, 
after  the  expiration  of  his  warrant,  when  such  collector  has 
not  been  legally  exonerated  therefrom,  every  such  collector, 
or  person,  his  executors,  administrators,  or  any  of  them,  is 
hereby  declared  to  have  full  right  and  power  to  sue  for  any 
recovery  of  the  same,  with  interest  thereon,  after  the  expira- 
tion of  his  warrant  as  aforesaid,  from  all  and  every  person 
and  persons,  bodies  politic  and  corporate,  owing  the  same, 
as  other  debts  of  like  amount  are  now  by  law  recoverable.78 

"The  Act  of  April  n,  1848,  P.  L.  5 17, Section  3, gives 
to  the  collector,  after  the  expiration  of  his  warrant,  full  right 
and  power  to  sue  for  the  due  and  unpaid  taxes  for  which  he 
has  not  been  exonerated,  and  to  recover  the  same  with  in- 
terest thereon  as  other  debts  of  like  amount  are  by  law  re- 
coverable." 79 
Days  and  times  fixed  for  payment  and  receipt  of  taxes. 

446.  The  collector  of  taxes  shall,  in  person  or  by  some 
person  duly  authorized,  be  in  attendance  for  the  purpose  of 


76.  Act  April  15,  1834,  Sec.  21,  P.  L.  509. 

77.  Act  April  15,  1834,  Sec.  45,  P.  L.  509. 

78.  Act  April  ii,  1848,  Sec.  3,  P.  L.  517. 

79.  Creswell  vs.  Montgomery,  13  Pa.  Superior  Ct.,  87,  1900. 


194  COMMON   SCHOOL   LAW 

receiving  and  receipting  for  taxes  on  Thursday,  Friday  and 
Saturday  of  each  week,  during  the  last  two  weeks  of  said 
sixty  days,  between  the  hours  of  two  o'clock  and  six  o'clock 
in  the  afternoon,  at  his  residence,  or  some  other  place 
in  the  proper  township  or  borough,  to  be  designated  by  him 
in  the  notice  aforesaid.80 
Compensation  of  collectors  and  duties  as  to  settlement. 

447.  The   collector   of  taxes    shall    collect   the    taxes 
charged  in  said  duplicates  and  pay  over  the  same  to  the  re- 
spective treasurers  or  authorities  entitled  thereto,  after  de- 
ducting his  commission  for  the  collection  thereof,  which  is 
hereby  fixed  at  two  per  centum  on  all  taxes  paid  to  him  on 
which   an  abatement  of  five  per  centum  is  allowed,  and  at 
five  per  centum  on  all  taxes  afterwards  collected  :  Provided, 
That  where  the  total  amount  of  taxes  charged  on  a  duplicate 
is  less  than  one  thousand  dollars,  the  said  collectors  shall  re- 
ceive three  per  centum  on  all  taxes  paid  to  him  on  which 
an  abatement  of  five  per  centum  is  allowed  :  Provided  fur- 
ther, That  all  taxes  collected  within  sixty  days  as  provided 
in  Section  eight  of  this  act,  shall  be  paid  over  as  aforesaid 
within  fifteen  days  after  the  expiration  of  said  sixty  days, 
and  all  taxes  thereafter  collected  during  his  term  of  office, 
shall  be  paid  over  as  aforesaid  at  regular  intervals  of  one 
month,  and  a  full  and  complete  settlement  of  all  taxes  col- 
lected shall  be  made  by  said  tax  collector  with  the  respective 
treasurers  or  authorities  entitled  thereto,  not  later  than  three 
months  after  the  expiration  of  his  term  of  office.81 
Exonerations. 

448.  Exonerations  may  be  made  by  the  authorities  and 
in  the  same  manner  as  heretofore.82 

Exonerations  provided  for  by  Act  May  8,  1854,  Sec. 
31,  P.  L.  617. 

Collector  of  tax  to  make  monthly  statement  as  to  the  same,  and  to 
make  monthly  payments  of  taxes  collected  to  the  treasurer. 

449.  Each  and  every  collector  of  school  taxes  in  the 
several  boroughs  and  townships  of  this  Commonwealth  shall 


80.  Act  June  25,  1885,  Sec.  8,  P.  L.  187. 

81.  Act  June  2,  1891,  Sec.  2,  P.  L.  175. 

82.  Act  June  25,  1885,  Sec.  10,  P.  L.  187. 


TAXATION  195 

hereafter,  on  or  before  the  tenth  day  of  each  and  every  month, 
after  receiving  the  duplicate  containing  a  statement  of  the 
school  tax  to  be  collected  by  him,  deliver  to  the  secretary 
of  the  board  of  school  directors,  from  whom  he  has  re- 
ceived such  duplicate,  a  statement  in  writing,  signed  by 
him,  showing  the  names  of  all  the  persons  from  whom  he  has 
collected  any  school  taxes  upon  his  duplicates,  to  and  in- 
cluding the  last  day  of  the  preceding  month,  the  amount 
collected  from  each,  and  the  date  of  such  collection,  and  also 
the  amount  of  the  uncollected  school  taxes  upon  the  said 
duplicate,  and  shall  at  the  same  time,  if  required  by  the 
secretary  or  any  member  of  the  school  board,  exhibit  the 
duplicate,  showing  the  said  uncollected  taxes,  for  examina- 
tion ;  and  the  said  tax  collector  shall  pay  over,  on  or  before 
the  said  tenth  day  of  each  and  every  month  during  his  term 
of  office,  to  the  treasurer  of  the  school  district,  all  taxes  so 
collected  by  him  during  the  preceding  month,  less  the  com- 
mission or  fees  to  which  he  is  by  law  entitled  for  the  col- 
lection of  the  same.83 

Board  of  school  directors  and  collectors  shall    meet  together  an- 
nually. 

450.  Board  of  directors  and  collectors  of  taxes  to  meet 
(on  the  first  Monday  of  February  of  each  year  to  ascertain 
the  amount  of  unpaid  taxes — and  the  collector  must  pay 
over  the  whole  amount  of  balance  on  or  before  the  first 
Monday  of  June  thereafter). 

It  shall  be  the  duty  of  the  board  of  school  directors  and 
the  collector  of  the  school  taxes,  in  each  of  the  boroughs 
and  townships  of  this  Commonwealth,  to  meet  together,  at 
the  usual  meeting  place  of  the  said  school  board,  on  the  first 
Monday  of  February  of  each  and  every  year,  and  examine 
the  duplicate  of  the  school  taxes,  which  the  said  collector  is 
hereby  required  to  produce  and  exhibit  to  the  said  board  of 
school  directors,  and  ascertain  the  amount  of  the  taxes  then 
uncollected  ;  and  it  shall  be  the  duty  of  every  such  col- 
lector, on  or  before  the  first  Monday  of  June  thereafter,  to 
collect,  and  pay  to  the  treasurer  of  the  proper  school  dis- 


83.     Act  April  21,  1903,  Sec.  i,  P.  L,.  229. 


COMMON   SCHOOL   LAW 

trict,  the  whole  amount  of  the  balance  of  the  taxes  charged 
and  assessed  in  the  said  duplicate,  excepting  such  sums  from 
which  the  said  school  directors,  in  their  discretion,  may  ex- 
onerate him.84 
Directors  liable  if  they  make  an  unlawful  settlement. 

451.  If  school  directors  make  an  unlawful  settlement 
with  a  tax  collector,  the  directors  will,  themselves,  be  liable 
personally  to  the  district  for  the  loss.85 

Failure  to  pay  taxes  collected,  to  make  monthly  statements  or  to 
exhibit  duplicate  a  misdemeanor. 

452.  Any  tax  collector  who  shall  fail  to  pay  over  to  the 
treasurer  of  the  proper  district  the  taxes  collected  by  him, 
according  to  the  provisions  of  'this  act,  or  who  shall  fail  to 
make  and  deliver  to  the  secretary  of  the  board  of  school  di- 
rectors any  of  the  statements  in  writing  required  by  this  act, 
or  who  shall  fail  to  produce  and  exhibit  the  duplicate  of  the 
school  taxes  to  the  secretary  of  the  board  of  school  directors 
or  at  a  meeting  of  the  board  of  school  directors,  as  required 
by  the  provisions  of  this  act,  shall   be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  sentenced  to  pay 
a  fine  not  exceeding  one  hundred  dollars.86 

Collector  to  pay  taxes  collected  to  officer  legally  entitled. 

453  Tax  collectors  cannot,  by  mandamus,  be  compelled 
to  pay  taxes  collected  by  them  to  any  body  other  than  the 
officer  legally  entitled  to  receive  them. 

It  is  no  part  of  a  tax  collector's  duty  to  pay  orders  on 
the  township  treasurer.87 
Misappropriation  of  tax  funds  embezzlement. 

454.  If  any  person  charged  with  the  collection,  safe 
keeping,  or  transfer  of  any  state,  county,  township,  school, 
city,  borough  or  municipal  taxes,  under  any  law  or  laws  of 
this  Commonwealth,  shall  convert  or  appropriate  the  moneys 
so  collected,  or  any  part  thereof,  to  his  own  use  in  any  way 
whatever,  or  shall  use  by  way  of  investment  in  any  kind  of 

84.  Act  April  21,  1903.  Sec.  2,  P.  L.  229. 

85.  Mason  vs.  Caffrey  et  al.,  9  Kulp  414,  1899. 

86.  Act  April  21,  1903,  Sec.  3,  P.  L.  229. 

87.  Hoover  vs.  Reap,  10  Kulp  59,  1899. 


TAXATION  197 

property  or  merchandise  any  portion  of  the  money  so  col- 
lected by  him  from  such  tax  or  taxes,  and  shall  prove  a  de- 
faulter or  fail  to  pay  over  the  same  or  any  part  thereof  at 
the  time  or  times,  place  or  places,  required  by  law  and  to 
the  person  or  persons  legally  authorized  to  demand  and  re- 
ceive the  same,  every  such  act  shall  be  deemed  and  adjudged 
to  be  an  embezzlement  of  so  much  of  said  money  as  shall 
be  thus  taken,  converted,  appropriated,  embezzled,  invested, 
used,  or  unaccounted  for,  which  is  hereby  declared  a  misde- 
meanor ;  and  every  such  tax  collector  and  every  person  or 
persons  whomsoever  aiding  or  abetting,  or  being  in  any  way 
accessory  to  such  act,  and,  being  thereof  convicted,  shall  be 
sentenced  to  an  imprisonment  not  exceeding  five  years,  or 
pay  a  fine  not  exceeding  five  thousand  dollars,  or  both  at 
the  discretion  of  the  court.88 
Judgment  against  collector  for  an  amount  due  from  him. 

455.  The  secretary  of  any  board   of  directors  or  con- 
trollers may,  at  any  time  within  one  year  from  the  delivery 
of  the  duplicate  of  school  tax  to  the  collector  thereof,  file  a 
certificate,  signed  by  the  president  and  attested  by  the  secre- 
tary, in  the  office  of  the  prothonotary  of  the  court  of  com- 
mon pleas  of  the  proper  county,  stating  the  amount  of  said 
tax  due  and  unpaid  by  said  collector,  at  the  date  thereof, 
and  it  shall  be  the  duty  of  the  prothonotary  to  enter  the 
same  on  his  docket,  which  certificate  shall,  from  such  entry, 
have  the  same  operatio'n  and  effect  as  a  judgment  of  said 
court,  against  said  collector  and  his  sureties,  and  execution 
may  issue  thereon,  in  like  manner  as  in  judgments,  for  the 
amount  remaining  unpaid  at  the  date  of  said  execution.89 
Section  13,  Act  April  n,  1862,  not  affected  by  act  June  25,  1885. 

456.  There  is  nothing  in  the  act  of  1885  which  "  inter- 
feres with  the  reasonable  operation  of  Section  13  of  the  act 
of  1862,  the  primary  purpose  of  which  was  security  and  pro- 
tection of  the  school  district,  by  means  of  a  lien  against  the 
real  estate  of  the  collector  and  his  sureties.     After  the  act  of 
1885,  as  well  as  before,  exonerations  are  to  be  made  by  the 


Act  June  3,  1885,  P.  L,.  72. 

Act  April  ii,  1862,  Sec.  13,  P.  L.  474- 


198  COMMON   SCHOOL   LAW 

several  authorities,  and  in  the  same  manner  as  before.  As 
to  the  execution  that  may  issue  on  the  judgment  against  the 
collector  and  his  sureties,  the  court  will  control  that,  as  was 
done  in  this  case,  pending  the  consideration  of  any  alleged 
legal  or  equitable  defense.  If  accounts  settled  by  the  aud- 
itors show  amounts  different  from  those  named  in  the  cer- 
tificate of  the  school  board,  the  court  would  not  fail  to  limit 
the  execution  accordingly.  The  acts  under  consideration 
taken  together,  form  a  complete  and  harmonious  system  for 
the  security  and  collection  of  the  school  fund,  and  present 
no  points  of  antagonism  that  will  interfere  with  their  proper 
enforcement.90 
Settlement  of  accounts. 

457.  The  accounts  of  collectors  of  taxes  shall  be  settled 
by  township  or  borough  auditors  of  the  proper  township  or 
borough,  and  he  shall  state  a  separate  account  for  each  dif- 
ferent tax  collected  by  him.91 

There  is  nothing  in  this  that  interferes  with  the  rea- 
sonable operation  of  Section  13  of  the  act  of  1862,  the  pri- 
mary purpose  of  which  was  security  and  protection  of  the 
school  district,  by  means  of  a  lien  against  the  real  estate  of 
the  collector  and  his  sureties.92 
Suit  on  bond  cannot  be  entered  until  after  settlement  by  auditors. 

458.  Until  the  accounts  of  township  tax  Collectors  are 
settled  by  the  township  auditors  and  an  amount  ascertained 
by  such  auditors  to  be  due  by  such  collectors,  a  proceeding 
at  law  upon  the  official  bond  is  premature  and  unauthor- 
ized.93 

Suit  on  bond  properly  brought  in  assumpsit. 

459.  A  suit  on  the  bond  of  a  tax  collector  is  properly 
brought  in  assumpsit  and  the  averments  of  the  statement 
are  sufficient  when  it  assigns  with  certainty  the  failure  to 
pay  or  account  for  a  definite  sum  claimed  as  the  balance  of 
the  taxes  in  the  duplicate  for  a  given  year.94 


90.  School  District  vs.  Pitts.,  184  Pa.  156,  1898. 

91.  Act  June  25,  1885,  Sec.  u,  P.  L.  187. 

92.  School  District  vs.  Pitts.,  184  Pa.  156,  1898. 

93.  Swatara  Twp.  School  District's  Appeal,  i  Pa.  Superior  Ct.  502, 

94.  Commonwealth  vs.  Gruver,  13  Pa.  Superior  Ct. ,  553,  1900. 


TAXATION  199 

Collector  bound  by  auditor's  settlement  when  he  does  not  appeal. 

460.  The  township  auditors1  settlement  of  the  tax  col- 
lector's accounts  is  but  one  step  in  fixing  the  liability  of  the 
collector,  but  when  it  is  not  appealed  frotn  to  the  court  of 
common  pleas  as  provided  by  law,  he  elected  to   make  that 
step  affinal  one  and  to  be  bound  by  it,  and  the  appellate 
court  cannot  review  it  on  appeal  from  a  judgment  entered 
on  the  surety's  bond.95 

Taxes  charged  upon  unseated  lands. 

461.  Taxes  charged  upon  unseated  lands  shall  not  be 
collected  by  the  collector  of  taxes,  but  shall  be  certified  and 
returned  <by  the  several  authorities  levying  the  same  to  the 
county  commissioners  to  be  collected  as  heretofore.96 
Repeal.    Application  of  act  June  25,  1885. 

462.  So  much  of  all  general  acts  heretofore  passed,  as  is 
inconsistent  herewith,  is  hereby  repealed,  but  this  act  shall 
not  apply  to  any  taxes,  the  collection  of  which  is  regulated 
by  local  law.97 

The  act  of  June  25,  1885,  does  not  repeal  the  act  of  1854. 

463.  The  act  of  1885  "does  not  undertake  to  provide 
a  complete  system  for  the  collection  of  taxes,  different  from 
and  independent  of  the  method  provided  in  the  act  of  1854. 
On  the  contrary  the  act  of  1885  recognizes  and   expressly 
makes  use  of  the  machinery  of  the  act  of  1854.     In  section 
4,  the  several  school  and  other  authorities  empowered  to 
levy  taxes,  etc.,  are  required  to  issue  duplicates  to  the  col- 
lectors so  elected.     The  school  taxes  are  assessed  under  the 
provisions  of  sections  28,  29,  30  and  other  sections  of  the  act 
of  1854.     Section  loof  theactof  1885  provides  that '  exonera- 
tions may  be  made  by  the  authorities  and  in  the  same  man- 
ner as  heretofore. '     The  method  of  exoneration  as  to  school 
tax  is  provided  in  section  31  of  the  act  of  1854.     For  these 


95.  Commonwealth  vs.  Gruver,  13  Pa.  Superior  Ct,  553,  1900. 
Swatara  Twp.  School  District's  Appeal,  i  Pa.  Superior  Ct.  502,  1896. 
Commonwealth  vs.  Titman,  148  Pa.  168,  1892. 
Commonwealth,  vs.  Sweigart,  9  Pa.  Superior  Ct.  455,  1899. 

96.  Act  June  25,  1885,  Sec.  12,  P.  L.  187. 

97.  Act  June  25,  1885,  Sec.  13,  P.  L,.  187. 


200  COMMON   SCHOOL   LAW 

and  other  reasons  we  think  the  act  of  1885  does  not  repeal 
the  prior  legislation  by  providing  a  new  and  complete  sys- 
tem for  the  collection  of  taxes,  different  from  and  independ- 
ent of  theretofore  existing  provisions.98 

Act  June  25,  1885,  regulating  collection  of  certain  taxes,  is  consti- 
tutional. 

464.  The  act  of  June  25,  1885,  P.  L.  187,  regulating  the 
collection  of  taxes  in  the  several  boroughs  and  townships  in 
this  Commonwealth  13  constitutional." 

Collection  of  taxes  in  cities  of  the  third  class. 

465.  The  annual  assessment  of  school  taxes  shall  be 
completed  on  or  before  the  first  day  of  June,  in  each  and 
every  year,100  and,  upon  the  duplicate  or  duplicates  having 
been  made,  as  directed  by  the  said  board  of  school  control- 
lers the  sain  2  shall  be  placed  in  the  possession  of  the  treas- 
urer, who  shall  collect  and  receive  said  taxes ; 

and  the  said  school  taxes,  unpaid  after  the  first  day  of  August 
and  the  first  day  of  October,  in  each  and  every  year,  shall 
have  the  same  additional  sum  per  centum  added  thereto,  as 
is  hereinbefore  provided  in  the  case  of  unpaid  city  taxes, 
after  the  first  day  of  October,  in  each  and  every  year ;  said 
duplicates  shall  be  placed  in  the  hands  of  collectors,  to  be 
appointed  as  directed   in   section   38  of  this  act ;  the  said 
taxes  shall  be  applied  only  to  the  purposes  of  the  said  school 
district  and  be  disbursed  only  on  the  warrant  of  the  presi- 
dent and  secretary  of  the  board  of  school  controllers,  counter- 
signed by  the  city  controller.10' 

Treasurers  of  cities  of  the  third  class  shall  ex-officio  be  school 
treasurers. 

466.  The  several  city  treasurers,   hereafter  elected  in 
cities  of  the  third  class  of  this  Commonwealth,  by  virtue  of 
their  office  shall  be  the  collectors  of  all  the  city,  school  and 
poor  taxes,  assessed  or  levied  in  their  respective  cities,  and 


98.  School  District  vs.  Pitts.,  184  Pa.  156,  1898. 

99.  Swatara  Twp.  School  District's  Appeal,  i  Pa.  Superior  Ct.,  502,  1896. 

100.  See  Supra,  Sec.  434,  that  in  cities  of  the  third  class  the  taxes  are 

to  be  levied  upon  the  city  assessment.     Sec.  I,  2,  Act  May  25, 
1897,  P.  L.  85. 

101.  Act  May  23,  1874,  Sec   43,  P.  L.  230. 


TAXATION  2OI 

shall  perform  the  duties  and  be  subject  to  the  hereinafter  pro- 
visions of  this  act.102 

Levying  taxes  in  cities  of  the  third  class. 

467.  The  several  city  school  and  poor  authorities,  now 
empowered  or  which  may  be  hereafter  empowered  to  levy 
taxes  upon  persons  and  property  within  the  said  cities  of  the 
third  class,  shall,  on  the  first  day  of  June  in  each  year,  make 
out  and  deliver  their  respective  duplicates  of  taxes  assessed 
to  the  said  city  treasurer,  as  the  collector  of  the  said  several 
taxes,  which  taxes  shall  be  collected  by  the  said  city  treas- 
urer, by  virtue  of  his  office  as  herein  provided  I03 

School  taxes  to  be  collected. 

468.  The  school  taxes  which  shall  be  collected  under 
the  provisions  of  this  act  are  the  school   taxes  only  which 
are  levied  by  the  boards  of  school  controllers,  organized  and 
acting-  under  and  in  pursuance  of  the  act  of  assembly     .     . 
providing  for  the  incorporation  and  government  of  cities  of 
the  third  class.104 


102.  Act  June  20,  1901,  Sec.  i,  P.  L,.  578. 

103.  Act  June  20,  1901,  Sec.  3,  P.  L.  578. 

104.  Act  June  20,  1901,  Sec.  8,  P.  L.  578. 


CHAPTER  XVIII. 

AUDITORS. 

PAGE 
469.     Auditors  to  settle  annually  the  accounts  of  school  treasurer 

Appeal 202 

4^0.     Auditors  in  independent  school  districts 202 

471.  Duties 203 

472.  Compensation 203 

473.  Auditors  to  meet  annually  on  first  Monday  of  June 203 

474.  Presentation  of  claims 203 

475-     Powers  of  auditors  to  compel  the  attendance  of  witnesses 203 

4176.  .Two  settlements  of  district  accounts  contemplated.     Method 

as  to  treasurer's  account 204 

477.  Auditors  cannot  control  expenditures  made  by  directors 204 

478.  Auditors  to  settle  accounts  of  collector  of  taxes 204 

479.  Accounts  of  a  tax  collector  or  school  treasurer  not  settled  at 

the  proper  time  may  be  settled   by  auditors  of  subsequent 
•i  year 204 

480.  School  directors  to  furnish  annual  statement  of  account  to 

auditors 205 

481.  Directors  may  be  compelled  to  furnish  statement  to  auditors...  205 

482.  But  they  cannot   be  compelled  to  furnish  statement  of  pred- 

^      •         ecessors 206 

483.  Report  of  auditor.     Auditors  required  to  publish  statement  of 

accounts  and  file  copy 206 

484.  Failure  to  take  oath  does  notvacate  office 207 

485.  Penalty  for  neglect  of  duty 207 

486.  Compensation 207 

487.  Settlement  of  auditors  conclusive  unless  appealed  from 207 

488.  Appeal  from  settlement  of  auditors 208 

489.  Taxpayers   may  appeal  from  auditors' report 208 

490.  Exceptions  allowed  to  rulings  of  the  court  in  pending  appeals.  209 

Auditors  to  settle  annually  the  accounts  of  school  treasurer.     Ap- 
peal. 

469.  It  shall  be  the  duty  of  the  borough  and  township 
auditors,  in  addition  to  the  duties  now  imposed  upon  them, 
by  law,  to  settle  annually  the  accounts  of  the  school  treas- 
urers of  the  different  school  districts  in  this  Commonwealth  ; 
and  that  either  party,  may  take  an  appeal,  as  now  provided 
for  in  other  cases  of  settlement  of  accounts  by  township 
auditors :  Provided,  That  this  act  shall  not  apply  to  the  city 
and  county  of  Philadelphia.1 

Auditors  in  independent  school  districts.    Election. 

470.  There  shall  be  elected  in  each  independent  school 
district  of  this  Commonwealth  three  auditors,  one  to  serve 

I.     Act  May  21,  1857,  Sec.  i,  P.  I,.  631. 


AUDITORS 

for  one  year,  one  for  two  years  and  one  for  three  years^  arid 
annually  thereafter,  one  each  year,  to  serve  for  the  term  of 
three  years,  to  audit  and  adjust  the  several  school  accounts 
of  said  district.2 
Duties. 

471.  The  auditors  in  said  independent  school  district 
shall  be  qualified  and  shall  perform  the  duties  as  township 
and  borough  auditors  are  now  required  by  law  to  do.3 
Compensation. 

472.  The  compensation  of  each  independent  school  dis- 
trict auditor  shall  be  two  dollars  per  diem  for  each  day  neces- 
sarily employed  in  the  duties  of  his  office,  which  shall  be 
paid  out  of  the  school  funds  of  said  district.4 

Auditors  to  meet  annually  on  first  Monday  of  June. 

473.  The  auditors  of  the  several  townships  and  bor- 
oughs within  this  Commonwealth  shall  meet  annually  on 
the  first  Monday  of  June,  and  oftener,  if  necessary,  and  shall 
audit,  settle  and  adjust  the  accounts  of  the  supervisors,  road 
commissioners,  school,  borough  and  township  treasurers,  as 
may  by  law  be  referred  to  them.5 

Presentation  of  claims. 

474.  An  itemized  claim  must  be  presented  to  the  aud- 
itors for  adjudication.     If  the  school  treasurer  either  refuses 
to  go  before  the  auditors,  or  goes  before  them  without  legal 
proofs  of  his   claims,  and   upon   a   bare  assertion,  without 
items  and  without  dates,  that  he  is  entitled  to  a  lumping 
credit,  the  auditors  ought  to  disallow  his  claim,  and  on  ap- 
peal he  ought  not  to  be  allowed  to  prevail,  unless,  indeed,  he 
accounts  for  his  conduct,  and  produces  to  the  jury  better  ev- 
idence than  he  had  before  the  auditors,  and  which  if  produced 
before  them,  would  have  entitled  him  to  his  credits. 
Power  of  auditors  to  compel  the  attendance  of  witnesses. 

475.  To  and  in  the  performance  of  the  duties  imposed 
the  power  is  given  to  the  auditors  to  compel  the  attendance 


2.  Act  May  10,  1893,  Sec.  i,  P.  L.  41. 

3.  Act  May  10,  1893,  Sec.  2,  P.  I/.  41. 

4.  Act  May  10,  1893,  Sec.  3,  P.  L,.  41. 

5.  Act  April  24,  1874,  Sec.  i,  P.  L.  112. 


204  COMMON   SCHOOL   LAW 

of  all  parties  and  witnesses,  and  the  production  of  books  and 
papers,  and  to  administer  oaths  and  affirmations.6 

Two  settlements  of  district  accounts  contemplated,    flethod  as  to 
treasurer's  account. 

476.  "  Two  settlements  of  the  district  accounts  are  ev- 
idently intended  to  be  made  annually  ;  one  by  the  board,  of 
the  accounts  of  the  treasurer,  and  the  other  by  the  district 
auditors,  of  the  accounts  of  the  treasurer  and  tax  collector." 

"  The  auditors  are  to  charge  the  treasurer  with  the 
amount  received  by  him,  according  to  his  own  statement, 
and  are  then  to  allow  every  voucher  produced  by  him,  which 
on  its  face  appears  to  be  for  a  legal  object  within  the  juris- 
diction and- control  of  the  board."7 
Auditors  cannot  control  expenditures  made  by  directors. 

477.  "  The  auditors  have  no  authority  to  control  the 
board  in  the  expenditure  of  the  district  funds  so  long  as  con- 
fined to  legitimate  objects,  except,  perhaps,  in  cases  in  which 
the  prices  paid  are  so  enormous  as  to  show  by  their  amount 
that  they  are  fraudulent."8 

Auditors  to  settle  accounts  of  collector  of  taxes. 

478.  The  accounts  of  collectors  of  taxes  shall  be  settled 
by  township  or  borough  auditors  of  the  proper  township  or 
borough,  and  he  shall  state  a  separate  account  for  each  dif 
ferent  tax  collected  by  him.9 

Accounts  of  a  tax  collector  or  school  treasurer  not  settled  at  the 
proper  time  may  be  settled  by  auditors  of  subsequent  years. 

479.  "  If  the  account  of  a  school  treasurer  has  not  been 
previously  audited  it  might  be  considered  and  adjusted  by 
the  auditors  of  a  subsequent  year.     If  the   account    of  a 
township  officer  is  not  audited  at  the  regular  time,  both  the 
auditors  and  officer  must  be  at  fault ;  for  the  auditors  have 
power  to  compel  a  settlement,  and  while  it  may  not  be  the 


6.  Act  April  15,  1834,  Sec.  105,  P.  L.  537- 
Act  April  15,  1834,  Sec.  50,  P.  L,.  537- 
Act  April  15,  1834,  Sec.  51,  P.  L.  537- 

7.  School  Laws  and  Decisions,  1903,  page  216. 

8.  School  Laws  and  Decisions,  1903,  page  217. 

9.  Act  June  25,  1885,  Sec.  n,  P.  L.  187. 


AUDITORS  205 

officer's  duty  to  take  the  first  step,  he  disregards  a  moral  ob- 
ligation at  least  if  he  is  not  himself  at  pains  to  have  his  ac- 
count  properly  examined.  It  would  be  unreasonable  that 
the  township  should  suffer  because  its  officers  have  been  at 
fault,  when  it  is  easy  to  correct  their  neglect  by  an  effort 
made  in  due  season.  It  may  be  true  that  the  lapse  of  a 
considerable  time,  alone  or  aided  by  other  circumstances, 
might  give  rise  to  a  presumption  of  settlement  although  no 
formal  adjustment  could  be  shown,  or  might  make  it  plain 
that  the  proposed  inquiry  would  be  inequitable  or  unjust."  I0 

School  directors  to  furnish  annual  statement  of  account  to  aud- 
itors. 

480.  It  shall   be  the  duty  of  each  board  of  school  di- 
rectors,  in  the  several  school  districts  of  this  Common- 
wealth, annually,  at  the  close  of  the  school  year,  to  place  in 
the  hands  of  the  proper  auditors  a  full  certified  statement, 
itemized,  of  their  receipts  and  expenditures  for  the  past  year, 
including  the  assets  and  liabilities  of  the  district  of  all  kinds, 
with  all  books,  papers  and  vouchers  relating  to  the  same,  to 
be  by  said  auditors  examined  and  if  found  to  be  correct 
approved ;  such  statement  to  be  be  spread   upon   the  min- 
utes of  the  board  of  directors,  and  in  a  condensed  but  fully 
classified  form  published  by  said  board  in  not  less  than  ten 
written  or  printed  handbills  to  be  put  up  in  the  most  pub- 
lic places  in  the  district,  or  if  deemed  preferable  in  the  two 
newspapers  of  the  county  in  which  the  district  is  situated 
having  the  largest  circulation  among  the  citizens  interested ; 
and  for  any  neglect  or  failure  to  perform  the  duties  enjoined 
by  this  act,  the  officers  named  therein  shall  be  considered 
guilty  of  a  misdemeanor,  punishable  by  a  fine  not  exceed- 
ing three  hundred  dollars,  to  be  paid  into  the  school  fund 
of  the  district  in  which  the  offence  shall  have  been  com- 
mitted.11 

Directors  may  be  compelled  to  furnish  statement  to  auditors. 

481.  "  The  directors,  under  the  Act  of  May  i,  1876,  P. 
L/.  91,  Sec.   i,  are  compelled  to  submit  an  itemized  state- 


10.     Swatara  Township  School  District  vs.  Geesey,  7  D.  R.  173,  1897. 

Baer  vs.  Weaver,  3  Kulp  57,  1884. 
n.     Act  May  I,  1876,  Sec.  I,  P.  L,.  91. 


206  COMMON   SCHOOL   LAW 

ment  of  their  receipts  and  expenditures  to  the  township 
auditors,     .     .     which,  if  correct,  the  auditors  approve."  I2 

But  they  cannot  be  compelled  to  furnish  statement  of  predecessors. 

482.  School  directors  may  be  compelled  by  mandamus 
to  submit  an  itemized  statement  of  their  receipts  and  ex- 
penditures to  the  proper  board  of  auditors.     They  cannot 
be  compelled  to  furnish  such  statement  of  the  receipts  and 
expenditures  of  their  predecessors  in  office,  who  must  answer 
for  themselves.13 

Report  of  auditor.    Auditors  required  to  publish  statement  of  ac- 
counts and  file  copy. 

483.  The  auditors  of  the  several  townships  and  bor- 
oughs  within  this  Commonwealth  are  hereby  authorized 
and  required  to  publish,  by  posting  handbills,  either  writ- 
ten or  printed,  in  at  least  five  public  places  within   their 
respective  townships  or  boroughs,  an  itemized  annual  state- 
ment of  the  receipts  and  expenditures  of  the  borough  coun- 
cils, road  commissioners,  supervisors,  overseers  of  the  poor 
and  school  directors  for  the  year  preceding  the  annual  set- 
tlement for  their  respective  districts  ;  said  handbills  to  be 
posted  within  ten  days  after  such  settlement;  and  further, 
it  shall  be  the  duty  of  said  auditors  to  file  a  copy   of  the 
same  with  the  town  clerk  in  their  respective  districts,  and 
also  with   the  clerk  of  the  court  of  quarter  sessions,  which 
shall  be  at  all  times  subject   to  inspection  by  any  citizen 
thereof:  Provided,  That  where  any  two  of  said  offices  shall 
be  exercised  by  the  same  persons  only  one  statement  shall 
be  required  :  Also  provided,  That  nothing  in  this  act  shall 
be  construed  to  interfere  with  the  present  law  which  re- 
quires annual  statements  of  the  receipts  and  expenditures  of 
the    borough    councils,    road    commissioners,  supervisors, 
overseers  of  the  poor  and  school  directors  to  be  advertised 
in  the  daily  and  weekly  newspapers  published  in  the  re- 
spective localities.14 

12.  Mason  vs.  Caffrey  et  al.,  9  Kulp  414,  1899. 

13.  Baer  vs.  Weaver  et  al.,  3  Kulp  57,  1884. 

14.  Act  April  23,  1874,  Sec.  2,  P.  L.  112. 


AUDITORS  207 

Failure  to  take  oath  does  not  vacate  office. 

484.  "It  is  true,  the  act  of  assembly  requires  they 
shall,  before  entering  upon  the  duties  of  their  office,  take 
and  subscribe  an  oath  ;  and  also  imposes  penalties  for  a  vio- 
lation of  this  requirement ;  but  it  does  not  declare  that  the 
omission  to  take  the  oath  shall  ipso  facto  vacate  their  of- 
fices.    It  requires  judicial  action,  instituted   for  that  pur- 
pose, to  produce  such  result.15 

Penalty  for  neglect  of  duty. 

485.  Ill  case  of  neglect  or  refusal  to  comply  with  the 
provisions  of  this  act,  the  auditors  so  neglecting  or  refusing 
shall  each  pay  a  penalty  of  twenty  dollars,  to  be  recovered 
in  the  same  manner  as  debts  of  similar  amount  are  by  law 
recoverable,  by  suit  instituted  in  the  name  of  the  school  dis- 
trict upon  complaint  of  any  tax -paying  citizen  of  the  same, 
and  the  proceeds  thereof  to  be  paid  into  the  school  treasury 
of  said  district.'6 

Compensation. 

486.  The  compensation  of  each  borough  and  township 
auditor  shall  be  two  dollars  per  diem  for  each  day   neces- 
sarily employed  in  the  duties  of  his  office  :  Provided,  This 
act  shall  not  interfere  with  or  change  any  local  or  special 
law,   where  a  larger  amount  than  two  dollars  per  day  is 
authorized  to  be  paid.'7 

Settlement  of  auditors  conclusive,  unless  appealed  from. 

487.  The  first  section  of  the  Act  of  May  21,   1857,   P. 
L.  631,  authorizes  borough  auditors  to  settle  the  accounts  of 
school  treasurers,   with  the  right  of  appeal  therefrom,  to 
either  party.     Unless  appealed  from,  such  settlement  is  con- 
clusive.18 

The  account  of  a  school  treasurer  was  settled  by  the 
township  auditors,  and  a  balance  was  struck  in  his  favor. 
In  the  settlement,  among  other  credits,  was  contained  an 
item  of  $75.00,  through  which  a  line  was  drawn,  but  the 


15.  Shartzer  vs.  School  Board,  90  Pa.  192,  1879. 

16.  Act  April  24,  1874,  Sec.  3,  P.  L.  112. 

17.  Act  May  4,  1889,  Sec.  I,  P.  L.  86. 

18.  Shartzer  vs.  School  Board,  99  Pa.  192,  1879. 


208  COMMON   SCHOOL   LAW 

balance  including  it  was  not  altered.  The  balance  on  this 
account  by  the  township  auditors.  More  than  six  years 
after  the  treasurer  went  out  of  office,  it  was  alleged  that  the 
item  of  $75.00  had  not  been  paid  by  him,  and  suit  was 
brought  against  him  by  the  then  school  directors  for  the 
amount  of  the  item. 

It  was  held  that  the  settlement  by  the  township  aud- 
itors of  the  account  of  the  treasurer  of  a  school  district,  is 
conclusive  unless  on  appeal.  It  was  held  further,  that  six 
years  having  elapsed  since  the  treasurer  went  out  of  office 
before  suit  brought,  he  was  protected  by  the  statute  of  lim- 
itations.'9 
Appeal  from  settlement  of  auditors. 

488.  It  shall  be  lawful  for  the  township,  or  the  officer 
accounting,  to  appeal  from  such  settlement  to  the  court  of 
common  pleas  of  the  same  county,  within  thirty  days  after 
such  settlement,  whereupon  the  court  may  direct  an  issue 
to  determine  disputed  facts  if  necessary  :  Provided,  That  no 
appeal  by  such  officer  shall  be  received,  unless  the  appellant 
shall  enter  into  a  recognizance,  with  two  sufficient  sureties, 
conditioned  to  prosecute  the  appeal  with  effect,  and  to  pay 
all  costs  accruing  thereupon.20 

Tax  payer  may  appeal  from  auditor's  report. 

489.  Hereafter  any  tax  payer  of  or  in  any  school  dis- 
trict in  this  Commonwealth,  whether  a  resident  or  non-res- 
ident tax  payer,  may  make  in  behalf  of  the  school  district 
the  appeal  allowed  by  the  first  section  of  the  act,  entitled 
"  A  supplement  to  an  act  for  the  regulation  and  continuance 
of  a  system  of  education  by  common  schools,"  passed  the 
twenty-first  day  of  May,  eighteen  hundred  and  fifty-seven, 
within  the  time  allowed,  as  in  other  cases  of  appeals  from 
the  reports  of  township  auditors :  Provided,  That  the  tax 
payer  appealing  shall  enter  into  a  recognizance  with  one  or 
more  sufficient  sureties,  conditioned,  that  the  party  appeal- 
ing will  prosecute  said  appeal  with  effect,  and  that  said  party 
will  pay  all  costs  that  may  accrue  thereon,  in  case  the  party 


19.  Porter  vs.  School  Directors,  18  Pa.  144,  1851. 

20.  Act  Apiil  15,  1834,  Sec.  104,  P.  L.  538. 


AUDITORS  209 

appealing  fail  to  obtain  a  final  decision  more  favorable  to  the 
school  district  wherein  the  decision,  from  which  the  appeal 
was  taken,  was  made.21 

Exceptions  to  rulings  of  the  court  in  pending  appeals. 

490.  Hereafter  in  all  cases  pending  and  undetermined 
in  any  court  of  common  pleas  in  this  Commonwealth,  which 
are  appeals  from  settlements  or  reports  made  by  county,  bor- 
ough or  township  auditors,  it  shall  be  lawful  for  any  party 
to  except  to  any  ruling  or  decision  of  the  court  upon  any 
question  or  point  of  law  that  may  arise  ;  and  an  appeal  may 
be  taken  therefrom  to  the  Superior  or  Supreme  Court : 
Provided,  That  such  exceptions  and  appeals  shall  be  gov- 
erned and  regulated  by  the  laws  now  in  force,  regulating 
exceptions  and  appeals  to  the  Supreme  and  Superior  Courts 
in  civil  cases.22 

A  township  auditor,  although  ineligible  to  the  office  of 
school  director,  may  elect  which  office  he  will  hold.23 


21.  Act  June  24,  1885,  Sec.  I,  P.  L.  162. 

22.  Act  May  n,  1901,  Sec.  I,  P.  L.  185. 

23.  Commonwealth  vs.  Whitlock,  12  D.  R.  791,  1903. 


CHAPTER  XIX. 

DISTRICT   SCHOOL   LIBRARIES. 

PAGE 

491.  Establishment  of  district  libraries.     Directors  to  select  school 

house  and  provide  cases 210 

492.  School  boards  to  receive  money.     Purchase  of  books.     Annual 

accounts 211 

493.  Title.     Larceny  of  books,  etc.     Punishment 211 

394.     Use  of  books  regulated.     Liability  for  lost  books 212 

495.  Rules  and  regulations  to  be  established 212 

496.  Librarian.     Settlement.... 212 

497.  Duties  of  directors.     Selection  of  books 213 

498.  Use  of  books,  who  entitled  to  use 213 

499.  Legal  possession.     Ownership 214 

500.  Gifts  and  bequests 214 

501.  The  several  school  districts  of   ihe   Commonwealth,   except 

cities  of  the  first  and  second  class,  may  establish  and  main- 
tain a  free  public  library 214 

502.  Use  of  school  houses 215 

503.  Taxation  for  free  public  libraries 215 

504.  Gifts  and  endowments  for  library 215 

505.  Repeal 216 

506.  Distribution  of  library 216 

507.  School    boards  may  take  private  property  for  public  library 

purposes   216 

508.  Damages.     Viewers.     Notice  of  meeting 217 

509.  Duty  of  viewers.     Report  to  court.    Judgments 217 

510.  Appeal  from  award  of  viewers.     Trial  by  jury 218 

511.  Notices   218 

512.  Compensation  of  viewers 218 

513.  School  directors  may  extend  aid  to  libraries  already  estab- 

lished.    Taxes 219 

514.  Manager's  annual  report.     Accounts  to  be  audited 219 

515.  Adjoining  townships  may  establish  libraries.     Aid  to  existing 

library.     Agreement.     Tax  levy 219 

516.  Annual  report.     Audit  of  account 220 

517.  Borough  councils  may  aid  free  public  libraries 220 

518.  Appropriation,  limit 221 

519.  Library  trustees,  powers  and  duties.     Election 221 

520.  When  election  of  trustees  may  be  dispensed  with .'. 221 

521.  Supervision  of  libraries 222 

522.  Adjoining  school  districts  may  join  in  establishing  and  main- 
taining  free  public  libraries,  or  join   in  aiding  those  other- 
wise established 222 

Establishment    of    district    libraries.     Directors  to  select  school 
house  and  provide  cases. 

491.  Whenever,  by  subscription,  or  otherwise,  a  collec- 
tion of  books  or  funds,  to  purchase  the  same,  shall  have 


DISTRICT   SCHOOL   LIBRARIES  21 1 

been  obtained,  to  form  a  public  library,  in  and  for  any  com- 
mon school  district  in  this  Commonwealth,  it  shall  be  the 
duty  of  the  board  of  directors  thereof,  for  the  time  being,  to 
select  the  most  suitable  school  house  therein  in  which  said 
library  shall  be  placed,  preferring  if  otherwise  expedient,  the 
school  house  in  which  the  district  institute  is  held,  and  to 
provide,  out  of  the  school  funds  of  the  district,  a  suitable 
case,  or  cases,  for  said  library,  and  for  such  additional  books 
as  may  be  annually  added  thereto.1 
Board  to  receive  money.  Purchase  of  books.  Annual  accounts. 

492.  It  shall  be  the  duty  of  the  said  directors,  to  re- 
ceive into  the  district  treasury  all  moneys  contributed,  or 
otherwise  obtained  for  the  purchase,  or  increase,  of  the  dis- 
trict library,  and  to  select  and  purchase  the  books  therefor, 
or  to  appoint  a  committee  of  the  board,  or  of  not  less  than 
three  citizens  of  the  district,  to  make  such  selection  and 
purchase  ;  and  also,  from  time  to  time  thereafter,  to  make 
additional  selections  and  purchases,  in  the  same  manner,  but 
that  no  books  shall  be  donated,  or  placed  in  said  library, 
without  the  approbation  and  consent  of  the  selecting  com- 
mittee ;  nor  shall  the  proper  board  of  directors  appropriate 
any  of  the  school  funds  of  the  district  to  the  purchase  of 
books  for  the  library,  except  such  works  of  a  strictly  profes- 
sional character,  as  shall  be  necessary  and  proper  for  the 
study  and  improvement  of  the  teachers  of  the  proper  dis- 
trict ;  and  all  moneys  received  by  said  board,  for  library  pur- 
poses, shall  be  annually  accounted  for,  at  the  settlement  of 
its  accounts,  in  the  same  manner  as  common  school  funds 
are  now  by  law  accounted  for.2 

Title.     Larceny  of  books,  etc.    How  punishable. 

493.  The  legal  possession  and  ownership  of  the  books, 
cases  and  other  appendages  of  the  district  library  shall  be  and 
remain  in  the  proper  board  of  directors,  and  their  successors 
in  office,  as  trustees  for  the  district ;   and  that  the  felonious 
taking  and  carrying  away  thereof,  or  of  any  part  thereof, 
or  of  any  book,  article  of  apparatus  or  furniture,  from   or 


1.  Act  May  5,  1864,  Sec.  I,  P.  L.  826. 

2.  Act  May  5,  1864,  Sec.  2,  P.  L.  826. 


212  COMMON   SCHOOL   LAW 

belonging  to  any  common  school  house,  shall  and  is  hereby 
declared  to  be  larceny;  and  the  breaking  into  a  common 
school  house  at  night,  with  intent  to  commit  larceny,  as 
herein  set  forth,  or  any  other  felony,  shall  and  is  hereby 
declared  to  be  burglary ;  and  that  any  larceny  or  burglary 
so  committed  shall  be  punished  as  in  other  cases  under  ex- 
isting statutes.3 
Use  of  books  regulated.  Liability  for  lost  books. 

494.  Any  person  over  twelve  years  of  age  and  resident 
in  the  proper  district,  whether  contributor  or  not  to  the 
library,  shall  be  entitled  without  charge  to  the  use  of  the 
books    thereof,    according   to   the    rules    and    regulations 
thereof;  but  that  no  book  shall  be  issued  to  any  minor, 
nor,  without  the  order  of  his  or  her  parent,  guardian  or 
master,  who  shall  thereupon  become  liable  to  all  the  penal- 
ties for  the  abuse,  loss  or  undue  detainment  of  any  book  by 
said  minor;  and  all  entries  of  the  issue  of  books  duly  made 
in  the  library  list,  by  the  librarian  at  the  time  of  such 
issue,  shall  be  prima  facie  evidence  thereof  in  a  suit  for  any 
penalty  or  for  the  value  of  any  book.4 

Rules  and  regulations  to  be  established. 

495.  The  proper  board  of  directors  and  their  successors 
in  office,  shall  make,  and  from  time  to  time  as  shall  be 
proper,  alter  and  amend  the  necessary  rules  and  regulations 
for  the  care,  issue,  use  and  return,  of  the  books  of  the  dis- 
trict library,  and  ordain  such  penalties  for  the  abuse,  loss, 
or  undue  detainment  thereof,  as  to  them  shall  seem  just  aud 
proper  ;  which  penalties  shall  be  recoverable,  as  debts  of 
like  amount  are  now,  by  law,  recoverable  ;  and  such  penal- 
ties shall  either  be  payable  to  the  librarian,  in  compensation 
of  his  services,  or  into  the  library  fund,  as  the  proper  board 
of  directors  shall  determine.5 

Librarian.    Settlement. 

496.  The  secretary  of  the  proper  board  of  directors,  or 
such  other  member  as  the  board   may  select,  shall  be  the 


3.  Act  May  5,  1864,  Sec.  3,  P.  L.  826. 

4.  Act  May  5,  1864,  Sec.  4,  P.  L.  826. 

5.  Act  May  5,  1864,  Sec.  5,  P.  L.  826. 


DISTRICT  SCHOOL  LIBRARIES 

general  librarian  of  the  district  library,  and  that  the  principal 
teacher  of  the  school,  held  in  the  house  in  which  the  library 
is  kept,  shall  be  the  assistant  librarian,  while  in  charge  of 
said  school ;  and  while  so  in  charge,  such  assistant  librarian 
shall  have  the  charge  of  the  library,  so  far  as  relates  to  the 
care,  issue  and  return,  of  books,  and  the  keeping  of  the  list 
thereof ;  but  that  neither  the  librarian,  as  secretary,  nor  the 
assistant  as  teacher,  on  going  out  of  office,  shall  receive 
his  final  installment  of  salary,  till  he  shall  have  first  ac- 
counted for  all  the  books  belonging  to  the  library,  to  the 
satisfaction  of  the  proper  board.6 

Duties  of  directors.    Selection  of  books. 

497.  When  the  pupils  or  other  persons  connected  with 
any  common  school  shall  have  procured  books,  or  funds  for 
the  purchase  of  books  for  a  school  library  therefor,  it  shall 
be  the  duty  of  the  directors  of  the  proper  district  to  provide 
out  of  the  school  funds  of  the  district  a  suitable  case  therefor 
and  also  for  such  additions  as  may  subsequently  from  time  to 
time,  be  made  thereto  ;  and  the  selection  and  purchase  of  the 
books  for  such  school  library,  and  of  all  additions  thereto, 
shall  be  made  by  a  committee  composed  of  the  teacher  of 
the  school,  for  the  time  being,  and  of  not  less  than  two  par- 
ents of  pupils  attending  such  school,  to  be  chosen  by  all  the 
attending  pupils  ;  but  that  no  books  shall  be  donated  to  or 
placed  in  said   library,  without  the  approval  of   the  proper 
selecting  committee,  and  that  it  shall  not  be  lawful   for  the 
board  of  directors  to  appropriate  any  of  the  funds  of  the 
district  to  the  purchase  of  books  for  said  school  library.7 

Use  of  books. 

498.  All  pupils  of  the  proper  school,  and  no  other, 
shall  be  entitled   to  the  use  of  the  books  of  said  library  at 
their  homes,  subject  to  such  rules  relating  to  the  care,  use 
and  return  thereof,  as  the  aforesaid  committee  for  the  selec- 
tion and  purchase  thereof  shall  from  time  to  time  establish; 
and  that  one  of  the  pupils,  of  said  school,  to  be  selected  by 


6.  Act  May  5,  1864,  Sec.  6,  P.  L.  826. 

7.  Act  May  5,  1864,  Sec.  7,  P.  L.  826. 


214  COMMON    SCHOOL   LAW 

the  other  pupils,  with  the  consent  of  the  selecting  commit- 
tee aforesaid,  shall  be  the  librarian  of  the  school  library.8 

Legal  possession.    Ownership.    Issue  list. 

499.  The  legal  possession  and  ownership  of  the  school 
library  shall  be  in  the  proper  board  of  directors  ;  the  felon- 
ious taking  thereof  shall  be  larceny ;  the  issue  list  thereof 
shall  be  prima  facie  evidence  of  delivery,  and  the  penalties 
for  the  abuse,  loss  or  detention  of  books,  shall  be  recovera- 
ble as  hereinbefore  provided  in   the  case  of  district  libra- 
rian.9 

Gifts  and  Bequests. 

500.  It  shall  be  lawful  for  the  common  school   direct- 
ors, of  any  district  to  receive,  hold  and  use,  any  devise,  be- 
quest, gift,  grant  or  endowment  of  property,  whether  real 
or  personal,  which  may  be  made  to  them  for  the  establish- 
ment, increase  or  support,  either  of  a  district,  or  of  a  school 
library  in  existence  or  to  be  established   under  the  provis- 
ions of  this  act,  and  the  same  to  apply  to  the  establishment, 
increase   and  efficiency    thereof,  subject,  however,  to    any 
terms,  conditions  or  restrictions,  attached   to   such   devise, 
bequest,  gift,  grant  or  endowment,  and  not  inconsistent  with 
the  purposes  of  this  act  ;   and  the  said  directors  and  their 
successors  in  office,  shall  have  authority  to  bring  suit  and 
do  all  other  things  necessary  for  the  recovery,  use  and  ap- 
plication of  the  same  to  the  purposes  aforesaid.10 

The  several  school  districts  of  the  Commonwealth,  except  cities  of 
the  first  and  second  class,  may  establish  and  maintain  a  free 
public  library. 

501.  For  the  purpose  of  securing  a  system  of  free,  non- 
sectarian,  public  libraries  on  a  substantial  and  permanent 
basis  throughout  the  Commonwealth,  authority  is   hereby 
given  to  the  board  of  school  directors,  or  to  any  board  or 
organization  having  control  of  the  common  schools,  in  each 
and  every  common  school  district,  except  in  cities  of  the 
first  and  second  class,  whenever  the  same  may  be  decided 


8.  Act  May  5,  1864,  Sec.  8,  P.  L.  826. 

9.  Act  May  5,  1864,  Sec.  9,  P.  L.  826. 
10      Act  May  5,  1864,  Sec.  10,  P.  L.  826. 


DISTRICT   SCHOOL   LIBRARIES  215 

upon  by  a  majority  vote  of  all  the  members  thereof,  to  pro- 
vide a»place  for  and  establish  and  maintain  such  public  li- 
brary for  the  general  use  of  the  residents   in  the  district, 
subject  to  the  ensuing  provisions  of  this  act.11 
School  houses  may  be  used. 

502.  The  board  may  set  aside  the  whole  or  a  portion 
of  any  school  house,  now  or  hereafter  erected,  within  the 
district  for  the  uses  and   purposes  of  such  library,  having 
due  regard   to   the  convenience  of  the  citizens,  and   may 
make  any  changes,  repairs  or  additions  that  may  be  neces- 
sary to  properly  carry  out  the  objects  of  this  act;   or  at  its 
option  may  lease,  purchase  or  erect  a  suitable  building  in 
some  convenient  location   for  the  use,  storage  and  accom- 
modation of  such  library,  but  no  land  or  structure  shall  be 
purchased  or  building  commenced  until  the  cost  thereof  has 
been  fully  provided  for  under  the  laws  regulating  the  erec- 
tion of  new  school  houses  within  the  district.12 

Taxation  for  free  public  libraries. 

503.  It  shall  be  lawful  for  said  board  to  levy  a  tax  for 
the  purchase,  improvement  and  maintenance  of  said  library, 
not  exceeding  one  mill  in  any  one  year,  which  tax  shall  be  in- 
cluded in  the  tax  levy  made  for  school  purposes,  upon  the 
same  subjects  of  taxation,  and  shall  be  collected  at  the  same 
time  and  in  the  same  manner.'3 

Gifts  and  endowments,  etc.,  for  library. 

504.  It  shall  be  lawful   for  the  school   board  of  any 
common  school  district,  and   their  successors  in  office,  to 
receive  and  hold,  free  from  all  collateral  inheritance  tax,  any 
devise,  bequest,  grant,  endowment,  gift,  donation  or  contri- 
bution of  property  real,  personal  or  mixed  which  shall  be 
made  for  the  establishment,  improvement  or  maintenance 
of  a  public  library  as  herein  provided  for,  and  the  same  to 
apply  to  the  purpose  for  which   made  or  given,  and  said 
board,  or  their  successors  in  office,  are  hereby  authorized  to 


11.  Act  June  28,  1895,  Sec.  i,  P.  L.  411. 

12.  Act  June  28,  1895,  Sec.  2,  P.  L.  411. 

13.  Act   April  20,  1905,  Sec.  3,  P.  L.  231.     Amending  Sec.  3,  Act  June 

28,  1895,   P.  L.  411. 


2l6  COMMON   SCHOOL   LAW 

bring  suit  and  do  all  necessary  acts  for  the  recovery,  hold- 
ing, use  and  application  thereof:  Provided,  That  this  ac£ 
shall  not  apply  to  cities  of  the  first  class :  Provided,  fur- 
ther, That  in  cities  which  have  established  a  board  of 
trustees  for  the  management  of  a  free  library  established  by 
said  municipality,  any  land  or  buildings  appropriated  to 
free  library  purposes  under  the  operation  of  this  bill  shall 
be  under  the  control  of  said  board  of  trustees.14 
Repeal. 

505;  All  laws  or  parts  of  laws  inconsistent  herewith 
are  repealed.15 
Distribution  of  library. 

506.  In  addition  to  the  authority  now  vested  in  any 
board  of  school  directors  to  establish  one  central  library, 
under  the  provisions  of  the  act  to  which  this  is  a  supple- 
ment,16 the  school  directors,  board,  or  organization  having 
control  of  the  common  schools  of  any  district,  may,  at  their 
option,  divide  and  distribute  among  the  various  schools  of 
the  district  any  library  which  has  been  or  which  shall  be 
hereafter  established  in  any  school  district  under  the  pro- 
visions of  the  aforesaid  act,  in  such  manner  and  subject  to 
such  regulations  as  may  seem  wise  and  proper  to  the  school 
directors,  board,  or  organization  having  control  of  the  dis- 
trict in  which  said  library  is  established.17 

School  boards  may  take  private  property  for  public  library  pur= 
poses. 

507.  It  shall  be  lawful  for,  and  the  right  is  hereby  con- 
ferred upon  borough  councils  and  also  on  school  boards  of 
this  Commonwealth,  to  purchase,  acquire,  enter  upon,  take, 
use  and  appropriate  private  property  for    the  purpose  of 
using,  enlarging  or  extending  grounds  now  used  or  which 
shall  hereafter  be  used  for  public  library  purposes,  within 
the  corporate  limits  thereof,  by  ordinance  or  resolution  as 
may  be  determined  thereon.18 


14.  Act  June  28,  1895,  Sec.  6,  P.  L.  411. 

15.  Act  June  28,  1895,  Sec.  7,  P.  L.  411. 

16.  Act  June  28,  1895,  P.  L.  411. 

17.  Act  of  May  n,  1901,  P.  L.  179. 

18.  Act  May  n,  1901,  Sec.  I,  P.  L.  169. 


DISTRICT   SCHOOL   LIBRARIES  217 

Damages.    Viewers.     Notice  of  meeting. 

508.  Whenever  any  borough  council  or  school  board, 
in  the  exercise  of  the  right  so  conferred,  has  acquired,  taken, 
used,  or  appropriated,  or  shall  hereafter  acquire,  take,  use 
and  appropriate,  private  property  for  public  library  purposes, 
and  said  borough  council  or  school  board  cannot  agree  with 
the  owner  or  owners  thereof,  lessee  or  lessees  of  such  pri- 
vate property,  upon  the  compensation  for  the  property  and 
damages  done,  or  when  by  reason  of  the  absence  or  legal 
incapacity  of  any  such  owner  or  owners,  lessee  or  lessees,  no 
such  compensation  can  be  agreed  upon  ;  the  court  of  common 
pleas  of  the  proper  county,  or  any  judge  thereof  in  vacation, 
on  application  thereto  by  petition  by  said  borough  council 
or  school  board,  or  such  owner,  lessee,  or  any  person  inter- 
ested, shall  appoint  three  discreet,  disinterested  citizens  of 
said  county  as  viewers,  to  view  and  ascertain  the  damages 
done  by  reason   of  such   taking,  use,  appropriation,  occu- 
pancy or  injury,  and  shall  appoint  a  time,  not  less  than 
twenty  nor  more  than  sixty  days  thereafter,  for  said  viewers 
to  meet  at  or  upon  the  premises  were  the  damages  are  al- 
leged to.  be  sustained  or  the  property  taken,  of  which  time 
and  place  ten  days  notice  shall   be   given  by  the  petitioner 
to  said  viewers  and  all  parties  interested  by  personal  ser- 
vice, when  such  service  can  be  obtained,  otherwise  by  pub- 

•lic  notice  in  one  or  more  newspapers,  or  by  handbills 
posted  on  the  premises,  or  in  such  other  manner  as  said 
court  may  direct.'9 

Duty  of  viewers.     Report  to  court.     Judgments. 

509.  The  viewers,  or  any  two  of  them,  having  been 
duly  sworn  or  affirmed  faithfully,  justly  and  impartially  to 
decideaiida  true  report  make  concerning  all  mattersand  things 
to  be  submitted  to  them,  and  in  relation  to  which  they  are 
authorized  to  inquire  into  in  pursuance  of  the  provisions  of 
this  act,  and  having  viewed  the  premises  or  examined  the 
property,  shall  estimate  and  determine  the  quantity,  quality 
and  value  of  the  land  or  property  so  entered  upon,  used,  ap- 
propriated or  injured,  as  the  case  may  be  ;  and  having  a  due 


19.     Act  May  n,  1901,  Sec.  2,  P.  L.  169. 


2l8  COMMON   SCHOOL   LAW 

regard  to,  and  making  a  just  allowance  for,  the  advantages 
which  may  have  resulted  or  which  may  seem  likely  to  result 
to  the  owner  or  owners  of  said  land  or  property,  in  conse- 
quence of  the  taking,  enlarging  or  extending  of  such  public 
library  grounds,  and  after  having  made  a  fair  and  just  com- 
parison of  said  disadvantages  and  advantages  to  which  the 
owner  or  owners  may  receive  to  any  nearby  property,  they 
shall  estimate  and  determine  whether  any,  and  if  any  what 
amount  of  damages  has  been  or  may  be  sustained,  and  to 
whom  payable,  and  make  report  thereof  to  said  court. 

If  any  damages  be  awarded,  and  the  report  of  said 
viewers  be  confirmed  by  said  court,  judgment  shall  be  en- 
tered thereon ;  and  if  the  amount  thereof  be  not  paid,  within 
sixty  days  after  the  entry  of  such  judgment,  then  judgment 
shall  be  collected  by  due  legal  process,  as  other  judgments 
are  collected  from  borough  councils  or  school  boards.20 
Appeal  from  award  of  viewers.  Trial  by  jury. 

510.  Upon   the   report  of  said   viewers  or  any  two  of 
them,  any  party  interested  may,  within  twenty  days  there- 
after, file  an  appeal  from  said  report  to  said  court,  in  writ- 
ing and  accompanied  with  an  affidavit  that  the  same  is  not 
for  the  purpose  of  delay,  but  because  the  affiant  firmly  be- 
lieves that  injustice  has  been  done;  and  after  such  appeal, 
either  party  may  put  the  cause  at  issue,  in  the  form  directed 
by  said  court,  and  the  same  shall  be  tried  by  said  court  and 
a  jury,  and  after  final  judgment,  either  party  may  appeal  to 
the  superior  or  supreme  court,  under  the  provisions  and  in 
the  manner  prescribed  in  other  cases.21 

Notices. 

511.  The  said  court  of  common  pleas  shall  have  power 
to  order  what  notices  shall  be  given  in  connection  with  any 
of  the  proceedings,  and  may  make  all  such  orders  as  it  may 
deem  requisite.22 

Compensation  of  viewers. 

512.  The  costs  incurred  in  the  proceedings  shall  be 
defrayed  by  said  borough  council  or  school  board  ;  and  each 

20.  Act  May  n,  1901,  Sec.  3,  P.  L.  169.    . 

21.  Act  May  n,  1901,  Sec.  4,  P.  L.  169. 

22.  Act  May  n,  1901,  Sec.  4,  P.  L.  169. 


DISTRICT   SCHOOL   LIBRARIES  219 

of  the  viewers  shall  be  entitled  to  receive  a  sum  not  exceed- 
ing five  dollars  per  day ;  or  such  compensation  as  the  said 
court  shall  decide  upon,  not  exceeding  five  dollars  per  day, 
for  every  day  necessarily  employed  in  the  performance  of 
their  duties.23 

School  directors  may  extend  aid  to  libraries  already  established. 
Taxes. 

513.  In  any  school  district,  except  cities  of  the  first  and 
second  class,  wherein  there  is  or  shall  hereafter  be  established, 
otherwise  than  under  the  provisions  of  the  act  to  which  this 
is  a  supplement,  a  free  non-sectarian    public   library,  the 
school  directors,  board   or  organization  having  control  of 
the  common  schools  of  said  district  may,  instead  of  estab- 
lishing another  public  library  and  providing  for  its  govern- 
ment, extend  aid  to  such  library  on  such  terms  as  to  con- 
trol and  management  as  shall  be  agreed  upon  between  the 
managers  thereof  and  the  school  authorities,  and  for  that 
purpose  may  levy  the  taxes  provided  for  in  the  act  to  which 
this  is  a  supplement  in  the  manner  provided  therein.24 
Managers'  annual  report.    Accounts  to  be  audited. 

514.  The  managers  of  any  public  library  receiving  aid 
under  this  act  shall  annually  report  to  the  school  board  fur- 
nishing such  aid   an   account  of  the  expenditure  of  the 
money  so  received,  under  the  oath  of  the  managers  or  their 
secretary  and  treasurer,  and  such  account  shall  be  subject  to 
the  jurisdiction  of  the  auditors  by  whom  the  accounts  of 
the  school  board  are  audited  in  like  manner  as  their  ac- 
counts.25 

Adjoining  townships  may  establish  libraries.     Aid  to  existing  li- 
brary.    Agreement.    Tax  levy. 

515.  When  any  township  surrounds  and  immediately 
adjoins   any  borough  within  this  Commonwealth,  within 
either  of  which  there  is  or  shall  be  hereafter  established, 
otherwise  than  under  the  provisions  of  the  act  to  which 


23.  Act  May  n,  1901,  Sec.  4,  P.  L.  169. 

24.  Act  March  30,  1897,  Sec.  i,  P.  L.  10. 

Note. — This  act  is  a  supplement  to  the  Act  June  28,  1895.  P.  L.  411. 
Supra  Sec.  501. 

25.  Act  March  30,  1897,  Sec.  2,  P.  L.  10. 


220  COMMON   SCHOOL   LAW 

this  is  a  supplement,  a  free,  non-sectarian,  public  school  li- 
brary, the  school  directors,  boards  or  organizations  having 
control  of  the  common  schools  of  said  districts,  may,  in- 
stead of  establishing  another  public  library  and  providing 
for  its  maintenance,  join  in  extending  aid  to  such  library, 
already  established,  guaranteeing  such  aid,  in  such  propor- 
tion, and  on  such  terms  as  to  control  and  management,  as 
shall  be  agreed  upon  between  the  managers  thereof  and  the 
school  authorities  of  said  respective  districts ;  and  for  that 
purpose  may  levy  the  taxes  provided  for  in  the  act  to  which 
this  is  a  supplement,  in  the  manner  therein  provided.26 
Annual  report.  Audit  of  account. 

516.  The  managers  of  any  public  library  receiving  aid 
under  the  provisions  of  this  act,  shall  annually  report  to 
to  the  school  boards  furnishing  such  aid,  an  account  of  the 
money  so  received,  under  the  oath  of  the  managers,  or  of 
their  secretary  and  treasurer,  and  such  account  shall  be  sub- 
ject   to    the  jurisdiction  of  the  auditors  by  whom  the  ac- 
counts of  their  respective  school  boards  are  audited,  in  like 
manner  as  their  own  accounts.27 

Borough  councils  may  aid  free  public  libraries. 

517.  For  the  purpose  of  establishing  and  maintaining 
free  public  libraries  on  a  permanent  basis  throughout  the 
Commonwealth,  authority  is  hereby  given  to  the  town  coun- 
cils of  the  boroughs  of  this  state  to  make  appropriation  or 
appropriations  for  or  in  aid  of  the  establishment  or  mainte- 
nance, or  either,  of  a  free  public  library  or  libraries  now  in- 
corporated, or  that  may  hereafter  be  incorporated,  for  the 
use  of  the  residents  within  any  of  the  said  boroughs,  upon 
condition    that    the  municipal  authorties    shall    be    repre- 
sented to  the  satisfaction  of  said  councils  in  the  manage- 
ment of  such  library  or  libraries.28 


26.  Act  April  2,  1903,  Sec.  2,  P.  L.  133. 

Note. — This  act  is  a  supplement  to  the  Act  of  June  28,  1895,  P.   L. 
411.     Supra  Sec.  501. 

27.  Act  April  2,  1903,  Sec.  3,  P.  L.  133. 

28.  Act  May  25,  1897,  Sec.  i,  P.  L.  84. 


DISTRICT   SCHOOL   LIBRARIES  221 

Appropriation,  limit. 

518.  The  councils  may  appropriate  annually  from  the 
taxes  levied  and  collected  for  borough  purposes  for  the  es- 
tablishment and  maintenance  of  such  library  or  libraries, 
not  to  exceed  one  mill  on  a  dollar  on  all  taxable  property  in 
such  boroughs.29 

Library  trustees,  powers  and  duties.     Election  and  term  of  mem- 
bers.    Vacancy. 

519.  The  public  library  of  each  district  shall  be  under 
the  general  management  of  nine  trustees  acting  as  the  agents 
and  appointees  of  the  school  board  who  shall  approve  all 
plans  for  its  storage  and  accommodation,  purchase  and  take 
charge  of  all  books,  maps,  documents,  relics  and  literary, 
historical  or  other  contributions,  appoint  all  employees  and 
make  all  regulations,  and  do  all  things  necessary  to  its  gov- 
ernment, preservation  and  maintenance,  subject  to  the  ap- 
proval  of  the  board.     The  president  and  treasurer  of  the 
board  and  the  superintendent  of  the  district   (or  if  there  is 
no  such  officer,  the  secretary  of  the  board),  shall  be  ex-officio 
members  of  the  board  of  trustees.     The  other  six  members 
shall  be  elected  by  the  school  board,  two  each  for  one,  two 
and  three  years,  and  annually  thereafter  two  members  shall 
be  chosen  by  said  board  for  the  term  of  three  years.     Each 
trustee  shall  serve  until  his  successor  is  elected  and  in  case 
of  a  vacancy  it  shall  be  filled  by  the  school  board  for  the  un- 
expired   term.     The  trustees  shall    make  a    report   to  the 
school  board  once  each  year  or  oftener  if  called  upon  of  such 
subjects  and  in  such  manner  as  may  be  required  by  said 
board.30 

When  election  of  trustees  may  be  dispensed  with. 

520.  Any  board  of  school  directors  of  any  township  or 
borough,  or  any  other  organization  having  control  of  the 
common  schools  of  any  township  or  borough,  may,  when 
decided  upon  by  resolution  duly  passed  by  a  majority  of  the 
members  of  said  board  of  school  directors  or  other  organi- 


29.  Act  May  25,  1897,  Sec.  2,  P.  L.  84. 

30.  Act  May  n,  1901,  Sec.  i,  P.  L.  180.     This  act  amends  Sec.  4,  Act 

June  28,  1895,  P.  L.  411. 


222  COMMON    SCHOOL   LAW 

zation  having  control  of  the  common  schools,  as  aforesaid, 
prior  to  the  establishment  of  any  library  authorized  by  this 
act,  dispense  with  the  election  of  trustees,  as  hereinbefore 
provided  ;  in  which  case  the  powers  given,  and  duties  im- 
posed by  said  act  to  said  trustees  shall  be  assumed  and  ex- 
ercised, by  said  school  directors  and  other  organization 
having  control  of  the  common  schools  of  said  township  or 
borough.31 

Supervision  of  libraries. 

521.  All  public  libraries  established  as  above  shall  be 
under  the  general  supervision  and  subject  to  the  inspection 
of  the  State  Librarian,  who  is  hereby  empowered  to  require 
reports  thereof  to  be  made  by  the  trustees  at  such  time  and 
in  such  manner  as  he  may  see  proper.32 

Adjoining  school  districts  may  join  in  establishing  and  maintaining 
free  public  libraries,  or  join  in  aiding  those  otherwise  estab- 
lished. 

522.  When   any  township  surrounds  or  immediately 
adjoins  any  borough  within  this  Commonwealth,  the  school 
directors,  boards,  or  organizations   having   control   of  the 
common  schools  of  said  borough  and  township,  may  join  in 
the  establishment  and  maintenance  of  a  free,  non-sectarian, 
public  library  in  said  borough  or  township,  or  partly  in 
both,  the  expense  of  such  establishment  and   maintenance 
to  be  borne  by  said  borough  and  township,  in  such  propor- 
tions as  may  be  agreed   upon  by  the  school  authorities  of 
said  respective  school  districts,  and  for  that  purpose  may 
levy  the  taxes  provided  for  in  the  act  to   which  this  is  a 
supplement.33 


31.  Act  May  n,  1901,  Sec.  i,  P.  L.  180.     This  act  amends  Sec.  4,  Act 

June  28,  1895,  P.  L.  411. 

32.  Act  June  28,  1895,  Sec.  5,  P.  L.  411. 

33.  Act  April  2,  1903,  Sec.  i,  P.  L,.  133. 

Note. — This  act  is  a  supplement  to  the  act  of  June  28,  1895,  P.  L. 
411.     Supra.  Sec.  501,  503. 


CHAPTER    XX. 

SCHOOL  TERM. 

PAGE 

523.  School  term 223 

524.  Days  for  improvement  of  teachers 223 

525.  President  of  board  to  certify  the  whole  number  of  months  the 

schools  have  been  kept  open  and  in  operation 224 

526.  School  month 224 

527.  Legal  holidays 225 

528.  Teaching  on  legal  holidays  forbidden 225 

School  term. 

523.  The  minimum  school  term  shall  be  seven  months, 
and    after  the  close  of  the  school  year  ending  on   the  first 
Monday  of  June,  one  thousand  eight  hundred  and   ninety- 
nine,  school  directors  or  controllers  shall  keep  the  schools 
of  their   respective  districts  in  operation  at    least   seven 
months  each  year  :  Provided,  That  the  length  of  the  annual 
term  may  remain  as  at  present  in  districts  where  the  max- 
imum amount  of  tax  allowed  by  law  to  be  levied  for  school 
purposes,  together  with  the  amount  of  state  appropriation 
to  which  the  said  districts  are  entitled,  shall  be  found  insuf- 
ficient to  keep  the  schools  open  a  greater  length  of  time 
than  six  months.1 

Days  for  improvement  of  teachers. 

524.  Two  Saturdays  in  each  month,    as  the  proper 
board  shall  designate,  which  two  Saturdays  shall  be  held  to 
be  a  part  of  the  school   month,  may  at  the  discretion,  and 
by  an  affirmative  vote  of  a  majority  of  all  the  members  of 
the  board  of  directors  or  controllers,  be  appropriated  to  in- 
stitutes for  the  improvement  of  the  teachers  of  the  said  dis- 
trict :    Provided,  That  in  districts,  in  which  the  schools  are 
or  shall  be,  kept  open,  and  in  operation  the  maximum  term 
now  allowed  by  law,  and  the  teachers  employed  by  the  year, 
the  foregoing  clause  as  to  the  number  of  days  in  the  school 
month  shall  not  apply  any  further,  than  that  the  reports 
and   statistics  of  the  school   shall  be   kept   in   accordance 
therewith,  and  that  district  institutes  may  be  held  as  there- 
by directed.2 


1.  Act  April  4,  1899,  Sec.  i,  P.  L.  31. 

2.  Act  April  17,  1865,  Sec.  i,  P.  L.  60. 


224  COMMON   SCHOOL   LAW 

President  of  board  to  certify  the  whole  number  of   months   the 
schools  have  been  kept  open  and  in  operation. 

525.  As  soon  as  the  schools  of  any  district  shall  have 
closed  for  the  school  year,  commencing  on  the  first  Monday 
in  June  preceding,  the  president  of  the  board  of  directors  or 
controllers  shall  certify,  under  oath  or  affirmation,  as  to  the 
whole  number  of  months  the  schools  in   their  respective 
districts  have  been  kept  open  and  in  operation,  according 
to  law  ;  also,  that  no  teacher  has  been  employed  for  or  had 
charge  of  any  of  the  schools  of  said  district,  during  the  year, 
who  had  not  a  valid  certificate  from  the  county  superinten- 
dent, together  with  the  name  and  post-office  address  of  the 
district  treasurer,  and  shall  forward  the  same  to  the  county 
superintendent,  who  shall  immediately  approve  said  certifi- 
cate, if  found  to  be  correct,  and  transmit  it  to  the  state  su- 
perintendent of  common  schools  ;   if  it  shall  appear  by  said 
certificate,  that  the  schools  of  the  district  have  been   kept 
open   and    in    operation,  according    to    law,  at    least    four 
months  subsequent  to  the  first  Monday  in  June  preceding, 
and  that  no  teacher  has  had  charge  of  any  of  the  schools  of 
the  district,  during  the  whole  time  they  have  been   kept 
open  during  the  year,  who  had  not  a  valid  certificate  from 
the  county  superintendent,  the  state  superintendent  shall 
draw  his  warrant  upon  the  state  treasurer,  for  the   whole 
amount  which  such  district  is  entitled  to  receive  from  the 
annual   state  appropriation:    Provided,  That  the   board  of 
directors  or  controllers  shall,  at  the  same  time,  forward  to 
the  county  superintendent  a  report  of  the  condition  of  the 
schools  in  their  respective  districts,  as  directed  in  the  23d 
section  of  the  act  of  May  8th,  1854  :  And  provided  further, 
That  said  certificate  and  report  shall  have  been  transmitted 
to  the  superintendent  of  common  schools,  on  or  before  the 
1 5th  day  of  July  of  the  school  year  succeeding  the  one  for 
which  the  certificate  and  report  were  made  3 

School  month. 

526.  A  common  school  month  shall  hereafter  consist 
of  twenty  days  actual  teaching,  and,  no  school  shall  be  kept 


3.     Act  April  17,  1865,  Sec.  3,  P.  L-  62. 


SCHOOL   TERM  225 

open,  ill  any  district,  for  the  purpose  of  ordinary  instruction, 
on  any  Saturday,  or  on  any  legal  holiday,  or  in  any  county, 
during-  the  time  of  holding  the  annual  county  institute 
therein.4 

Legal  holidays. 

527.  The  following  days  are  named  as  legal  holidays, 
to  wit :  The  first  day  of  January,  commonly  called  New 
Year's  day;  the  twelfth  day  of  February,  known  as  Lin- 
coln's birthday  ;  the  third  Tuesday  of  February,  election 
day  ;  the  twenty-second  day  of  February,  known  as  Wash- 
ington's birthday  ;  Good  Friday  ;  the  thirtieth  day  of  May, 
known  as  Memorial  day  ;  the  Fourth  of  July,  called  Inde- 
pendence day ;  the  first  Monday  of  September,  known  as 
Labor  day  ;  the  first  Tuesday  after  the  first  Monday  of  No- 
vember, Election  day  ;  and  the  twenty-fifth  day  of  Decem- 
ber, known  as  Christmas  Day.5 

Teaching  on  legal  holidays  forbidden. 

5  8.  Mestrezat,  J.,  said:  "This  was  an  action  brought 
by  the  plaintiff  against  the  defendant  on  April  9,  1894,  be- 
fore a  justice  of  the  peace,  to  recover  for  services  rendered 
as  a  school  teacher. 

''The  claim  before  the  justice  was  $105  for  teaching 
one  of  the  schools  of  Henry  Clay  township  for  60  days,  be- 
ginning November  27,  1893,  and  ending  March  17,  1894, 
at  $35  per  month.  Before  this  suit  was  brought,  the  defen 
dant  tendered  to  the  plaintiff  the  amount  of  his  claim,  less 
$5.25  claimed  by  the  plaintiff  for  teaching  on  New  Year's 
Day,  Washington's  Birthday  and  Good  Friday.  On  the 
trial  of  the  cause  in  court,  the  defendant  paid,  and  the  plain- 
tiff accepted,  the  amount  of  money  tendered  him.  The  de- 
fendant contends  that  the  plaintiff  is  not  entitled  to  recover 
for  teaching  on  the  three  days  named  because  they  are 
legal  holidays,  and  that,  by  the  Act  of  June  25,  1885, 
P.  L.  176,  teaching  on  those  days  is  prohibited.  On  the 
other  hand,  the  plaintiff  claims  that  the  fourth  section  of 


4.  Act  June  25,  1885,  Sec.  i,  P.  L.  176. 

5.  Act  June  23,  1897,  Sec.  I,  P.  L,.  188,  amending  Act  May  31,  1893,  P.  I<. 

188. 


226  COMMON   SCHOOL   LAW 

the  Act  of  May  31,  1893,  P.  L/.  188,  repeals  the  Act  of  1885, 
and  that  therefore  there  is  no  prohibition  against  teaching 
on  a  legal  holiday. 

"After  the  plaintiff  had  closed  his  testimony,  we 
granted  a  non-suit,  on  the  ground  that  the  Act  of  1885  was 
still  in  force,  and  that  therefore  the  plaintiff  could  not  re- 
cover for  the  services  he  rendered  in  teaching  on  the  legal 
holidays  named. 

"  Notwithstanding  the  very  able  and  ingenious  argu- 
ment of  plaintiff's  counsel,  we  are  not  convinced  that  the 
Act  of  1893  repealed  the  Act  of  1885.  On  the  other  hand, 
for  the  reasons  stated  at  the  time  the  non-suit  was  granted, 
we  have  no  doubt  that  the  Act  of  1885  is  still  in  force. 

"  The  plaintiff  therefore  is  not  entitled  to  recover  for 
teaching  on  New  Year's  Day,  Washington's  Birthday  and 
Good  Friday,  they  being  legal  holidays."  6 


6.     Thomas  vs.  School  District  of  Henry  Clay  Township,  6  D.  R.  230, 
1895- 


CHAPTER  XXL 

COMPULSORY  ATTENDANCE. 

PAGE 

529.  Duty  of  parents,  guardians,  etc.     Attendance.     When  school- 

boards  may  excuse. 227 

530.  Application  of  the  act 228 

531.  To  what  children  act  shall  apply 228 

532.  Report  of  employers 228 

533.  Neglect  of  duty  a  misdemeanor 229 

534.  Notice  to  parent 229 

535.  Disposition  of  fines 230 

536.  Power  of  attendance  officers 230 

537.  Disposition  of  truants 230 

538.  Compensation  of  officers 231 

539.  Boards  may  establish  special  schools 231 

540.  Proceedings  against  truants  for  disorderly  conduct 231 

541.  Assessors  to  make  a  list  of  children,  etc 232 

542.  Report  of  teacher 233 

543.  Refusal  or  neglect  of  officers 233 

544.  Portion  of  appropriation  may  be  withheld 234 

545.  Parents   may   employ  governess  or  private  teachers  without 

certificate  and  not  violate  the  provisions  of  the  act  of  July 
II,  1901,  known  as  the  compulsory  school  law 234 

546.  District  assessor 237 

Duty  of  parents,  guardians,  etc.      Attendance.      When  school- 
boards  may  excuse. 

529.  Every  parent,  guardian  or  other  person  in  this 
Commonwealth,  having  control  or  charge  of  a  child  or  chil- 
dren between  the  ages  of  eight  and  sixteen  years,  shall  be 
required  to  send  such  child  or  children  to  a  day  school  in 
which  the  common  English  branches  are  taught,  and  such 
child  or  children  shall  attend  such  school  continuously  dur- 
ing the  entire  time  in  which  the  public  school  in  their  re- 
spective districts  shall  be  in  session,  unless  such  child  or 
children  shall  be  excused  from  such  attendance  by  the  board 
of  the  school  district  in  which  the  parent,  guardian  or  other 
person  resides,  upon  the  presentation  to  said  board  of  satis- 
factory evidence  showing  such  child  or  children  are  prevent- 
ed from  attendance  upon  school  or  application  to  study  by 
mental,  physical  or  other  urgent  reasons.  But  the  term 
"urgent  reasons"  shall  be  strictly  construed,  and  shall  not 
permit  of  irregular  attendance :  Provided,  That  the  school- 
board  in  each  district  shall  have  power,  at  its  June  meeting, 
to  reduce  the  period  of  compulsory  attendance  to  not  less 


228  COMMON   SCHOOL   LAW 

than  seventy  per  centum  (70  per  centum)  of  the  school  term 
in  such  district,  in  which  case  the  board  must,  at  that  date, 
fix  the  time  for  the  compulsory  attendance.1 
Application  of  the  act. 

530.  This  act  shall  not  apply  to  any  child,  between 
the  ages  of  thirteen  and '  sixteen  years,  who  can   read  and 
write  the  English  language  intelligently,  and  is  regularly 
engaged  in  any  useful  employment  or  service.       A  certifi- 
cate of  age  and  ability  to  read  and  write  the  English  lan- 
guage intelligently  shall  be  issued  by  the  superintendent  of 
schools,  notary  public,  justice  of  the  peace,  or  any  other 
person  duly  authorized  to  administer  oaths,  in  cities  and 
boroughs,  and  by  the  secretary  of  the  school-board  in  rural 
districts  :    Provided,  That  in  case  there  be  no  public  school 
in  session  within  two  miles,  by  the  nearest  traveled  road,  of 
any  person  within  the  school  district,  he  or  she  shall  not 
be  liable  to  the  provisions  of  this  act.2 

To  what  children  act  shall  apply. 

531.  This  act  shall   not  apply  to  any  child  that  has 
been  or  is  being  otherwise  instructed  in  English,  in  the 
common  branches  of  learning,  for  a  like  period  of  time,  by 
any  legally  qualified  governess  or  private  teacher  in  a  fam- 
ily :     And  provided  further,  That  any  teacher  or  principal 
of  any  private  school  or  educational  institution  shall  report 
non-attendance,  as  provided  in  section  five  (5)  of  this  act.3 
Report  of  employers. 

532.  Any  person  employing  a  child  or  children  shall  fur- 
nish, on  or  before  the  the  third  Monday  of  the  school  term, 
and  quarterly  thereafter,  to  the  superintendent  of  schools, 
to  the  secretary  of  the  board  of  school  directors,  or  control- 
lers, of  the  district  in  which  such  child  or  children  reside, 
the  names,  age,  place  .of  residence,  and  name  of  parent  or 
guardian  of  every  person  under  the  age  of  sixteen  years  in 
his  employ  at  the  time  of  said  report:  And  provided  also, 


1.  Act  July  ii,  1901,  Sec.  I,  P.  L.  658. 

2.  Act  July  rt,  1901,  Sec.  i,  P.  L.  658,  as  amended  by  act  April  10,  1905, 

P.  L.  131- 

3.  Act  July  n,  1901,  Sec.  I,  P.  L.  658. 


COMPULSORY   ATTENDANCE  229 

That  the  certificate  of  any  principal  or  teacher  of  a  private 
school,  or  of  any  institution  for  the  education  of  children, 
in  which  the  common  English  branches  are  taught,  setting 
forth  that  the  work  of  said  school  is  in  compliance  with  the 
provisions  of  this  act,  shall  be  sufficient  evidence  thereof,  and 
the  teacher  or  principal  of  said  school  or  institution  shall 
have  the  power  to  excuse  any  child  or  children  for  non- 
attendance  during  temporary  periods,  in  accordance  with 
the  provisions  of  this  act.4 
Neglect  of  duty  a  misdemeanor. 

533.  For  every  neglect  of  duty  imposed  by  the  first 
section  of  this  act,  the  principal  or  teacher,  or  person  in  pa- 
rental relation,  offending,  shall  be  guilty  of  a  misdemeanor, 
and  shall  upon  conviction  thereof  before  a  justice  of  the 
peace,  magistrate  or   alderman,  forfeit  a  fine  not  exceeding 
two  dollars  on  first  conviction,  and  a  fine  not  exceeding  five 
dollars  for  each  subsequent  conviction  ;   and   in  default  of 
payment  of  said  fine,  the  defendant  may  be  committed  to 
the  county  prison  for  a  period  not  exceeding  two  days  for 
the  first  conviction,  and  for  a  period   not  exceeding  five 
days  for  each  subsequent  conviction  :    Provided,  Upon  con- 
viction, the  defendant  or  defendants  may  appeal  to  the  court 
of  quarter  sessions  of  the  peace  of  the  proper  county,  within 
five  days,  upon  entering  into  recognizance  with  one  surety 
for  the  amount  of  fines  and  costs.5 

Notice  to  parent. 

534.  Before  such  penalty  shall  be  incurred,  the  parent, 
guardian  or  other  person  liable  therefore  shall  be  notified  in 
writing  by  the  superintendent  of  schools,  or  the  secretary 
of  the  school  board,  or  by  the  attendance  officer,  if  there  be- 
one,  of  such  liability,  and  shall  have  opportunity,  by  com- 
pliance with  the  requirements  of  this  act,  within  three  school 
days,  then  and  thereafter,  to  avoid  the  imposition  of  such 
penalty.     But  after  such  notice  has  been  served,  if  the  same 
child  is  absent  from  school  three  days,  or  their  equivalent 
in  time,  during  the  remaining  period  of  compulsory  attend- 


4.  Act  July  ii,  1901,  Sec.  I,  P.  L.  658. 

5.  Act  July  ii,  1901,  Sec.  2,  P.  L.  658. 


230  COMMON   SCHOOL   LAW 

ance,  without  excuse  as  provided  by  section  one  (i)  of  this 
act,  the  parent,  guardian,  or  person  in  parental  relation, 
shall  be  liable  to  prosecution  under  this  act,  without  further 
notice.6 

Disposition  of  fines. 

535.  The  fines  provided  for  by  this  act  shall,  when  col- 
lected, be  paid  over  by  the  officers  collecting  the  same  into 
the  school  treasury  of  the  respective  districts,  for  the  use  of 
the  said  school  district  of  the  city,  borough  or  township  in 
which  such  person  convicted  resides,  to  be  applied  and  ac- 
counted for  by  such  treasurers  in  the  same  way  as  other 
moneys  raised  for  school  purposes ;  such  fines  shall  be  col- 
lected by  a  process  of  law  similar  to  the  collection  of  other 
fines.7 

Power  of  attendance  officers. 

536.  Board  of  school  directors  or  school  controllers 
shall  in  cities,  and  may  in  all  other  school  districts,  employ 
one  or  more  persons  to  be  known  as  attendance  officers,  who 
shall,  in  addition  to  the  duties  provided  elsewhere  in  this 
act,  have  full  police  power  without  warrant,  and  whose  duty 
it  shall  be  to  look  after  and  arrest  and  apprehend  truants 
and  others  who  fail  to  attend  school  in  accordance  with  the 
provisions  of  this  act.8 

Disposition  of  truants. 

537-  When  an  attendance  officer  arrests  or  apprehends 
any  truant  or  other  person,  as  herein  set  forth,  he  shall  have 
power,  immediately  to  place  him  or  her  in  the  school  in 
which  he  or  she  is  or  should  be  enrolled,  or  at  the  expense 
of  the  parent,  guardian  or  person  in  parental  relation,  in 
such  private  school,  as  provided  by  section  one  (i)  of  this 
act,  as  the  parent,  guardian  or  person  in  parental  relation 
may  select.  And  in  case  the  parent,  guardian  or  person  in 
parental  relation  shall  refuse  or  neglect,  immediately  to  se- 
lect such  school,  the  school  board  or  board  of  school  con- 


6.  Act  July  II,  1901,  Sec.  2,  P.  L.  658. 

7.  Act  July  ii,  1901,  Sec.  2,  P.  L.  658. 

8.  Act  July  ii,  1901,  Sec.  3,  P.  L.  658. 


COMPULSORY   ATTENDANCE  231 

trollers  shall  have  full  power  to  designate  the  school  in 
which  the  child  shall  be  placed.9 
Compensation  of  officers. 

538.  The  persons  appointed  such  attendance  officers 
shall  be  entitled  to  such  compensation  as  shall  be  fixed  by 
the  boards  appointing  them ;    but,  in  townships,  shall  not 
exceed  two  dollars  per  day ;  and  such  compensation  may  be 
paid  out  of  the  school  fund.10 

Boards  may  establish  special  schools. 

539.  Boards  of  directors  or  controllers  of  any  school 
district,  or  of  two  or  more  districts  jointly  may  establish 
special  schools  for  children  who  are  habitual  truants,  or  who 
are  insubordinate  or  disorderly  during  their  attendance  upon 
instruction  in  the  public  schools,  and  may  provide  for  the 
proper  care,  maintenance  and  instruction  of  such  children 
in  such  schools,  for  such  period  of  time  as  the  board  may 
prescribe.     But  before  the  pupil  shall  be  placed  in  such  spe- 
cial school,  the  parent,  guardian  or  person  in  parental  rela- 
tion shall  have  opportunity  to  be  heard.11 

Proceedings  against  truants  for  disorderly  conduct. 

540.  All  truancy  and  incorrigibility  shall  be  deemed 
disorderly  conduct.     And  in  case  no  special  school,  as  here- 
in prescribed,  has  been  established,  the  superintendent  of 
schools  or  secretary,  or  attendance  officer  if  there  be  one, 
shall  proceed  against  such  truant  or  incorrigible  pupil  as  a 
disorderly  person,  before  a  justice  of  the  peace,  magistrate  or 
alderman,  and  upon  conviction  the  pupil  may  be  sentenced  to 
any  special  or  reformatory  school  supported  wholly  or  in  part 
by  the  state,  or  at  the  option  of  the  school  board  or  board 
of  controllers,  be  committed  to  the  care  of  a  society,  duly 
incorporated,  having  for  one  of  its  objects  the  protection  of 
children  from  cruelty  or  the  placing  of  children,  not  other- 
wise provided  for,  in  families  ;  and  in  case  of  a  commitment 
of  a  child  or  children  to  the  care  of  such  society,  the  board 
of  directors  or  controllers  of  the  district  may  provide  for 


9.     Act  July  ii,  1901,  Sec.  3,  P.  L.  658. 

10.  Act  July  ii,  1901,  Sec.  3,  P.  L,.  658. 

11.  Act  July  n,  1901,  Sec.  3,  P.  L.  658. 


232  COMMON   SCHOOL   LAW 

the  expense  of  the  maintenance  and  education  of  such  child 
or  children  out  of  that  part  of  the  school  fund  within   its 
control  which  shall  have  been  appropriated  to  said  board  by 
the  local  authorities  of  such  district.12 
Assessors  to  make  list  of  children,  etc. 

541.  It  shall  be  the  duty  of  the  assessors  of  voters  of 
every  district,  when  not  notified  and  directed  to  the  con- 
trary by  the  school  board,  at  the  spring  registration  of 
voters  or  as  soon  as  possible  thereafter,  to  make  in  a  sub- 
stantial book,  provided  by  the  superintendent  of  public  in- 
stitution at  the  expense  of  the  state,  for  that  purpose,  a  care- 
ful and  correct  list  of  all  children  between  the  ages  of  six 
and  sixteen  within  his  district,  giving  the  full  name,  date 
of  birth,  age,  sex,  nationality,  residence,  sub-school  district, 
name  and  address  of  parent  or  person  in  parental  relation, 
and  the  name  and  location  of  the  school  where  the  child  is 
enrolled,  or  the  cause  of  non-enrollment,  and  the  name  and 
address  of  the  employer  of  any  child  under  sixteen  years  of 
age  that  is  engaged  in  any  regular  employment  or  service  ; 
which  enumeration,  after  approval  by  the  secretary  of  the 
said  school  district,  shall  be  returned  by  the  said1  assessor  to 
the  county  commissioners  of  the  county  in  which  the  enu- 
meration is  made,  whose  duty  it  shall  be  to  forward  the 
same,  or  a  certified  copy  thereof,  to  the  secretary  of  the 
proper  school  district,  prior  to  July  fifteenth  of  each  year, 
who  shall  immediately  furnish  the  principal  or  teacher  of 
each  school  with  a  correct  list  of  all  children  in  his  or  her 
district  who  are  subject  to  the  provisions  of  this  act ;  and 
the  said  county  commissioners  shall  furnish  a  summary  of 
such  statistics  to  the  superintendent  of  public  institution, 
upon  blanks  provided  by  the  state.  And  the  said  assessors 
shall  be  paid,  out  of  the  county  funds,  a  per  diem  compen- 
sation for  their  services,  a  sum  equal  to  the  compensation 
paid  under  existing  laws  for  assessors  of  election  ;  said  ser- 
vices not  to  exceed  ten  days  :  Provided,  That  prior  to  Feb- 
ruary first  of  any  year,  any  board  of  directors  or  controllers 
of  any  school  district  may  authorize  such  enumeration  to  be 


12.     Act  July  ii,  1901,  Sec.  3,  P.  L.  658. 


COMPULSORY   ATTENDANCE  233 

made  by  the  attendance  officers  or  other  persons,  at  the  ex- 
pense of  the  school  district,  under  the  same  conditions  as 
herein  provided  for  assessors  :  Provided  further,  That  the 
attendance  officers,  if  there  be  any,  or  the  superintendent  of 
schools,  or  the  secretary  of  the -school  board,  shall  have  the 
power  to  add  to  this  register  the  names  of  children  within 
the  prescribed  ages  whose  names  do  not  appear  thereon.13 
Report  of  teacher.  Notice.  Costs  of  prosecution. 

542  It  shall  be  the  duty  of  each  teacher  in  the  school 
district  to  report  immediately  to  the  attendance  officer  or 
the  superintendent  of  schools,  or  the  secretary  of  the  board 
of  directors  or  controllers,  the  names  of  all  children,  on  the 
list  previously  furnished  by  said  superintendent  or  secre- 
tary, who  have  been  absent  three  days  or  their  equivalent 
without  lawful  excuse  ;  when,  if  it  shall  appear  that  any 
parent,  guardian  or  other  person  having  control  of  any  child 
or  children  shall  have  failed  to  comply  with  the  provisions 
of  this  act,  after  notification  in  writing  as  provided  in  sec- 
tion two,  the  superintendent  or  secretary,  or  attendance  of- 
ficer if  there  be  one,  in  the  name  of  the  school  district,  shall 
proceed  against  the  offending  party  or  parties,  in  accordance 
with  the  provisions  of  this  act :  Provided  further,  That  if 
sufficient  cause  be  shown  for  the  neglect  of  the  requirements 
of  this  act,  or  if  the  costs  of  prosecution  cannot  be  collected 
from  the  defendant,  said  cost  may  be  paid  out  of  the  district 
funds  upon  a  proper  voucher  approved  by  the  board  of  di- 
rectors or  controllers.'4 
Refusal  or  neglect  of  officers  a  misdemeanor. 

543.  The  superintendent  of  schools  or  secretary,  or  at- 
tendance officer  if  there  be  one,  of  any  board  of  directors  or 
controllers  who  wilfully  refuses  or  neglects  to  comply  with 
the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  before  an  alderman,  magistrate 
or  justice  of  the  peace,  shall  forfeit  a  fine  not  exceeding 
twenty-five  dollars.15 


13.  Act  July  ii,  1901,  Sec.  4,  P.  L.  658. 

14.  Act  July  n,  1901,  Sec.  5,  P.  L.  658. 

15.  Act  July  n,  1901,  Sec.  6,  P.  L.  658. 


234  COMMON   SCHOOL   LAW 

Portion  of  appropriation  may  be  withheld. 

544.  The  state  superintendent  of  public    instruction 
may    withhold    one-fourth    state   appropriation    from    any 
school  district  which  neglects  or  refuses  to  enforce  the  pro- 
visions of  this  act  in  a  manner  and  degree  satisfactory  to 
the  state  superintendent  of  public  instruction.16 

Parents  may  employ  governess  or  private  teachers  without  certif- 
icate and  not  violate  the  provisions  of  the  Act  of  July  n,  1901, 
known  as  the  '•  Compulsory  School  Law." 

545.  Judge  E.  W.  Biddlesaid:  "On  January  12,  1903, 
the  secretary  of  the  school  board  of  West  Pennsboro  town- 
ship made   an  information  before  a  justice  of  the   peace 
against  Brady  McCullogh,  of  said  township,  charging  him 
with  violation  of  the  provisions  of  the  act  of  July  1 1, 1901,  P. 
L.  658,  popularly  known  as  the  u  Compulsory  school  law." 
The  alleged  offense  was  that  the  defendant  refused  to  send 
his  twelve-year-old  daughter  to  a  public  school,  without  hav- 
ing had  her  excused  from  attendance  by  the  board  of  direct- 
ors.    After  a  hearing  the  justice  adjudged  him  to  be  guilty 
and  imposed  upon  him  a  fine  of  $2  and  the  costs.     From 
this  action  of  the  justice  the  defendant  appealed  to  the  court 
of  quarter  sessions,  wherein  a  trial  was  held,  and  by  agree- 
ment of  counsel  a  special  verdict  was  rendered  by  the  jury 
as  follows  : 

"  i.  That  the  defendant  removed  his  child  from  the 
public  school  because  he  believed  that  the  treatment 
she  received  from  the  teacher  was  injurious  to  her  men- 
tally and  physically,  but  that  the  child  did  not  apply  to 
the  board  of  directors  to  excuse  her  from  attendance  and 
refused  since  to  apply  for  the  saine. 

"  2.  That  since  defendant  removed  his  child  from  the 
public  schools  she  has  been  instructed  in  English  in  the 
common  branches  of  learning  by  a  private  teacher  in  his 
family,  who  is  well  qualified  to  give  such  instruction,  but 
said  private  teacher  had  no  certificate  from  the  county  su- 
perintendent of  public  schools,  nor  was  her  examination  by 
McCrea  and  Martin  aiithorized  by  the  superintendent  or  board 
of  directors,  nor  has  she  since  applied  for  a  certificate. 


16.     Act  July  ii,  1901,  Sec.  7,  P.  L.  658. 


COMPULSORY   ATTENDANCE  235 

"  If,  under  these  findings  of  facts,  the  court  should  be 
of  opinion  that  under  the  law  the  defendant  is  guilty,  then 
we  find  him  guilty  in  manner  and  form  in  which  he  stands 
indicted ;  otherwise  we  find  him  not  guilty,  and  county  for 
costs." 

"  The  law  is  settled  in  Pennsylvania  that,  in  disposing 
of  a  special  verdict,  the  court  is  confined  to  the  specific 
facts  which  it  contains  and  cannot  supplement  them  by  a 
resort  either  to  the  testimony  or  to  any  other  outside  source 
of  information:  Tuigg  vs.  Treacy,  104  Pa.  493;  Common- 
wealth vs  Grimes,  116  Pa,  450.  Tested  by  this  principle, 
it  is  evident  that  for  various  reasons  the  special  verdict 
would  not  warrant  the  court  in  pronouncing  the  defendant 
guilty.  It  is  deficient  in  that  it  does  not  set  forth  that  the 
offense  was  committed  in  Cumberland  County,  or  that  it 
occurred  within  the  period  of  two  years  before  the  bill  of 
indictment  was  found,  or  that  the  defendant  was  notified  of 
his  liability  before  suit  was  brought,  or  that  there  was  a 
public  school  in  session  within  t\vo  miles  of  his  home.  In 
view  of  the  foregoing  the  defendant  is  entitled  to  a  verdict 
of  not  guilty. 

"For  the  benefit  of  the  various  boards  of  school  direct- 
ors of  the  county,  the  counsel  on  both  sides  of  the  case 
have  requested  the  court  to  give  an  opinion  as  to  the  mean- 
ing of  the  following  important  proviso,  which  appears  in 
the  said  act  of  assembly  :  "  Provided,  That  this  act  shall  not 
apply  to  any  child  that  has  been  or  is  being  otherwise  instruct- 
ed in  English  in  the  common  branches  of  learning,  for  a  like 
period  of  time,  by  any  legally  qualified  governess  or  private 
teacher  in  a  family."  The  vital  question  is,  can  any  one 
be  "legally  qualified"  to  teach  in  a  family  who  is  not  the 
holder  of  a  teacher's  certificate  from  a  county,  city  or  bor- 
ough superintendent,  or  a  state  normal  school  ? 

The  word  "governess"  means  "a  woman  who  teaches 
children  in  their  homes,"  and  the  succeeding  words  of  the 
sentence  "  or  private  teacher  in  a  family"  have  exactly  the 
same  signification,  except  that  they  apply  alike  to  men 
and  women.  By  the  act  of  May  8,  1854,  P.  L.  617,  it  was 
specified  that  uo  teacher  shall  be  em  ployed  in  any  school  to 


236  COMMON   SCHOOL   LAW 

teach  branches  other  than  those  set  forth  in  his  certificate  ; 
and  the  subsequent  acts  of  April  9,  1867,  P.  L,.  51,  and  May 
2i,  1901,  P.  L.  269,  take  a  further  step  in  the  right 
direction  by  specifying  certain  mental  and  moral  qual- 
ifications which  a  teacher  must  possess  in  order  to  obtain  a 
certificate  of  any  kind.  The  act  of  May  8,  1854,  is  entitled 
"An  act  for  the  regulation  and  continuance  of  a  system  of 
education  by  common  schools  ;"  the  act  of  April  9,  1867, 
is  a  supplement  to  the  same,  and  the  act  of  May  21,  1901, 
is  an  amendment  of  the  supplement.  Their  provisions  con- 
cerning teachers  relate  exclusively  to  those  connected  with, 
or  who  desire  to  become  connected  with,  the  common 
schools,  and  have  no  reference  whatever  to  other  teachers. 

"  The  act  of  July  12,  1897,  P.  Iy  248,  amending  the  orig- 
inal compulsory  educational  law  of  May  16,  1895,  P-  L.  72, 
provided  as  follows  :  "  That  this  act  shall  not  apply  to  any 
child  that  has  been  or  is  being  otherwise  instructed  in  Eng- 
lish in  the  common  branches  of  learning  for  a  like  period  of 
time."  Such  was  substantially  the  language  used  in  the 
former  act,  and  it  is  argued  on  the  behalf  of  the  Common- 
wealth that  the  incorporation  of  this  language  into  the  act 
of  July  n,  1901,  with  the  addition  thereto  of  the  words"  by 
any  legally  qualified  governess  or  teacher  in  a  private  family," 
has  made  an  essential  change  in  the  law,  and  that  to  be 
"  legally  qualified  "  involves  the  holding  of  a  teacher's  cer- 
tificate. 

"After  mature  reflection  we  cannot  agree  with  this 
view,  because  there  is  no  statute  which  fixes  the  qualifica- 
tions of  a  private  teacher.  The  act  of  July  n,  1901,  is 
penal  in  its  character  and  must,  therefore,  be  construed 
strictly.  In  regard  to  this  subject,  Judge  Endlich  says  in 
section  33Oof  his  Commentary  on  the  Interpretation  of  Stat- 
utes :  "  It  maybe  here  added  that  the  rule  of  strict  construc- 
tion in  the  case  of  penal  statutes  requires  that  where  an  act 
contains  such  an  ambiguity  as  to  leave  reasonable  doubt  of  its 
meaning,  it  is  the  duty  of  the  court  not  to  inflict  the  penalty ; 
that  where  it  admits  of  two  constructions,  that  which  op- 
erates in  favor  of  life  or  liberty  is  to  be  preferred."  Again 
in  section  340  :  "It  is  presumed  that  the  legislature  does 


COMPULSORY    ATTENDANCE  237 

not  desire  to  confiscate  the  property,  or  to  encroach  upon 
the  rights  of  persons,  and  it  is  therefore  expected  that  if 
such  be  its  intention,  it  will  manifest  it  plainly,  if  not  in 
express  words,  at  least  by  clear  implication  and  beyond  rea- 
sonable doubt." 

"  Our  conclusion  is  that  if  the  legislative  body  had  de- 
signed the  act  of  July  n,  1901,  to  seriously  affect  the  legal 
status  and  rights  of  private  teachers  who  do  not  hold  certif- 
icates, and  also  to  brand  as  a  criminal  the  person  who 
should  employ  one  of  their  number  to  give  home  instruc- 
tion to  a  child  which  might  otherwise  be  sent  to  school,  it 
would  have  plainly  said  so.  In  the  absence  of  words  which 
either  expressly  or  by  clear  implication  show  an  intent  of 
that  kind,  we  decide  that  "legally"  as  used  in  the  proviso 
has  no  technical  import,  and,  if  considered  at  all,  should  be 
interpreted  to  mean  "  well ''  or  "  suitably."  The  doctrine 
is  established  that  every  word  and  phrase  shall  be  given  due 
effect,  if  practicable,  yet  if  a  sensible  meaning  cannot  be  at- 
tached to  a  particular  word  or  phrase,  it  must  be  elimin- 
ated in  the  construction.  From  the  above  it  logically  fol- 
lows, under  the  facts  set  forth  in  the  special  verdict,  that 
the  child  of  the  defendant  received  lawful  and  proper  in- 
struction at  home,  and  that  the  defendant  did  not  commit  a 
breach  of  the  law  by  having  her  instructed  there  by  a 
"well-qualified"  teacher,  notwithstanding  such  teacher  did 
not  hold  a  certificate."  '7 
District  Assessor. 

546.  The  County  Commissioners  must  pay  the  district 
assessor  out  of  the  county  funds  for  making  the  enumera- 
tion of  school  children  under  the  provisions  of  the  compul- 
sory school  law.18 


17.  Commonwealth  vs.  McCullogh,  12  D.  R.  258,  1903. 

18.  Assessors'  Compensation,  17  Pa.,  C.  C.  572,  1896. 


CHAPTER    XXII. 

POWER   OF   THE   COURTS  OF  QUARTER  SESSIONS  OVER  CHIL- 
DREN  UNDER   SIXTEEN   YEARS   OF   AGE. 

PAGE 

547.  Preamble  of  act  defining  the  powers  of  courts  of  quarter  sess- 

ions with  reference  to  care  and  control  of  children    under 
age  of  sixteen  years 238 

548.  Jurisdiction  of  courts  of  quarter  sessions 239 

549.  "  Dependent  child,"  "  neglected  child,"  "  incorrigible  child," 

and  "delinquent  child"  defined 239 

550.  Juvenile  court.     Sessions.     Records.     Assignment  of  judge...  239 

551.  Powers  of  the  courts  may  be  exercised  upon  petition 240 

552.  Certificate  of  magistrate  or  justice  of  the  peace 240 

553.  Certificate  of  the  district  attorney 240 

554.  Action  of  the  judge 240 

555.  Powers  of  the  judge.     Custody  and  control  of  the  child 240 

556.  Appointment  of  probation  officers.     Duties 241 

557.  Commitment  of  child.     Order  on  parents  or  guardians 241 

558.  Discharge  from  reformatory  institutions.     Record 242 

559.  Guardianship.     Legal  adoption.     Guardianship  not  to  include 

estate 242 

560.  Care  of  the  child 242 

561.  Unlawful  to  confine  child  in  jail,  police  station 242 

562.  Limit  of  commitment 243 

563.  Religious  belief 243 

564.  Approved  family  home 243 

565.  Commitment  of  delinquent  child  under  the  age  of  twelve  years  244 

566.  Trials-upon  indictment 244 

Preamble  of  act,  defining  the  powers  of  courts  of  quarter  sessions, 
with  reference  to  care  and  control  of  certain  children  under 
age  of  sixteen  years. 

547.  Whereas,  The  welfare  of  the  state  demands  that 
children  should  be  guarded  from  association  and  contact 
•  with  crime  and  criminals,  and  the  ordinary  process  of  the 
criminal  law  does  not  provide  such  treatment  and  care  and 
moral  encouragement  as  are  essential  to  all  children  in  the 
formative  period  of  life,  but  endangers  the  whole  future  of 
the  child  ; 

And  Whereas,  Experience  has  shown  that  children, 
lacking  proper  parental  care  or  guardianship,  are  led  into 
courses  of  life  which  may  render  them  liable  to  the  pains 
and  penalties  of  the  criminal  law  of  the  state,  although  in  fact 
the  real  interests  of  such  child  or  children  require  that  they 
be  not  incarcerated  in  penitentiaries  and  jails,  as  members 
of  the  criminal  class,  but  be  subjected  to  a  wise  care,  treat- 


POWER   OF   COURTS   OVER   CHILDREN  239 

ment  and  control,  that  their  evil  tendencies  may  be  check- 
ed and  their  better  instincts  may  be  strengthened  ; 

And  Whereas,  To  that  end,  it  is  important  that  the 
powers  of  the  courts,  in  respect  to  the  care,  treatment  and 
control  over  dependent,  neglected,  delinquent  and  incorri- 
gible children,  should  be  clearly  distinguished  from  the 
powers  exercised  in  the  administration  of  the  criminal  law  : 
Jurisdiction  of  courts  of  quarter  sessions. 

548.  The  courts  of  quarter  sessions  of  the  peace,  within 
the  several  counties  of  this  Commonwealth,  shall  have  and 
possess  full  jurisdiction  in  all  proceedings  which  may  be 
brought  before  them  affecting  the  treatment  and  control  of 
dependent,  neglected,  incorrigible  and  delinquent  children, 
under  the  age  of  sixteen  years.1 

"Dependent  child,"  "  neglected  child,"  "incorrigible  child"  and 
"  delinquent  child  "  defined. 

549.  For   the    purpose   of  this   act   the    words    "  de- 
pendent child "    and    "  neglected    child "    shall  mean  any 
child    who    is    destitute,   homeless,   abandoned,  or   depen- 
dent upon  the  public  for  support,  or  who  has  not  proper 
parental    care  or  guardianship.     The    words    "  incorrigi- 
ble children "  shall  mean   any   child    who   is  charged   by 
its  parent  or   guardian    with    being  unmanageable.      The 
words   "  delinquent  child  "  shall   mean   any  child,   includ- 
ing such  as  have  heretofore  been  designated  "  incorrigible 
children,"  who  may  be  charged  with  the  violation  of  any 
law  of  this  Commonwealth,  or  the  ordinance  of  any  city, 
borough  or  township.2 

Assignment  of  judge.    Juvenile  court.     Sessions.     Records. 

550.  The  powers  of  the  court  of  quarter  sessions  of  the 
peace,  as  provided  for  in  this  act,  may  be  exercised  by  any 
one  or  more  judges  of  such  court,  who  may  be  assigned  for 
the  purpose  at  a  session  of  said  court,  which  shall  be  known  as 
the  juvenile  court ;  and  all  sessions  of  such  juvenile  court 
shall  be  held  separate  and  apart  from  any  session  of  the 
court  held   for  the  purpose  of  its  general  criminal  or  other 


1.  Act  April  23,  1903,  Sec.  i,  P.  L.  274. 

2.  Act  April  23,  1903,  Sec.  i,  P.  ~L,.  274. 


240  COMMON   SCHOOL   LAW 

business,  and  the  records  of  the  proceedings  of  such  juven- 
ile court  shall  be  kept  in  a  docket,  separate  from  all  other 
proceedings  of  said  court.3 

Powers  of  the  court  may  be  exercised.     Petition  of  citizen. 
551.  The  powers  of  the  court  may  be  exercised  : 
(i.)  Upon  the  petition  of  any  citizen,  resident  of  the 
county,  setting  forth  that  a  child  is  neglected,  dependent 
or  delinquent,  and  is  in  need  of  the  care  and  protection  of 
the  court. 

Certificate  of  magistrate  or  justice  of  the  peace. 

553.  (2.)   Whenever  any  magistrate  or  justice   of  the 
peace,  in  committing  a  child,  arrested  for  an  indictable  of- 
fense, shall  certify  that,  in  his  opinion,  the  good  of  the  child 
and  the  interests  of  the  state  do  not  require  a  prosecution 
upon  an  indictment,  under  the  criminal  laws  of  the  Com- 
monwealth. 

Certificate  of  the  district  attorney. 

553  (3)  Whenever,  after  return  made  by  a  magistrate 
of  the  proceedings,  upon  the  arrest  of  such  delinquent  child 
for  an  indictable  offense,  the  district  attorney  of  the  county, 
either  before  or  after  the  indictment,  shall  certify  that,  in 
his  opinion,  the  good  of  the  child  and  the  interest  of  the 
state  do  not  require  a  prosecution  upon  an  indictment,  under 
the  criminal  laws  of  this  Commonwealth. 
Action  of  the  judge. 

554.  (4)  Whenever,  upon  the  trial  of  any  indictment 
of  such  delinquent  child,  the  judge  trying  the  cause  is  of 
opinion  that  the  good  of  the  child  and  the  interests  of  the 
state  do  not  require  a  conviction  under  the  criminal  laws 
of  this  Commonwealth.4 

Power  of  the  judge.     Custody  and  control  of  the  child. 

555-  Upon  the  filing  of  any  petition,  as  above  set  forth, 
or  whenever  the  jurisdiction  of  the  court  has  attached  by  the 
filing  of  a  certificate  of  a  magistrate  or  justice  of  the  peace,  or 
of  the  district  attorney,  or  by  the  action  of  a  judge,  as  above 


3.  Act  April  23,  1903,  Sec.  I,  P.  L.  274. 

4.  Act  April  23,  1903,  Sec.  2,  P.  L.  274. 


POWER   OF   COURTS   OVER   CHILDREN  241 

set  forth,  it  shall  be  within  the  power  of  the  judge,  holding 
said  juvenile  court,  to  make  all  necessary  orders  for  com- 
pelling the  production  of  such  child,  and  the  attendance  of 
the  parents  and  all  persons  having  the  custody  or  control  of 
the  child,  or  with  whom  the  child  may  be ;  and  pending 
the  final  disposition  of  any  case,  the  child  shall  be  subject  to 
the  order  of  the  court,  and  may  be  permitted  to  remain  in 
the  control  of  its  parents  or  the  person  -having  it  in  charge, 
or  of  the  probation  officer,  or  may  be  kept  in  some  place 
provided  by  the  state  or  county  authorities,  or  by  any  asso- 
ciation having  for  one  of  its  objects  the  care  of  delinquent 
or  neglected  children,  as  the  court  may  order.5 
Appointment  of  probation  officers.  Duties  of. 

556.  The  court  shall  appoint  or  designate  one  or  more 
discreet  persons,  of  good  character,  to  serve  as  probation 
officers  during  the  pleasure  of  the  court ;  said  probation  of- 
ficers to  receive  no  compensation  from  the  public  treasury  ; 
and  it  shall  be  the  duty  of  all  probation  officers,  so  appoint- 
ed, to  make  such  investigations  as  may  be  required  by  the 
court,  to  be  present  in  court  when  the  case  is  heard,  and  to 
furnish  to  the  court  such  information  and  assistance  as  the 
judge  may  require,  and  to  take  such  charge  of  any  child, 
before  and  after  trial,  as  may  be  directed  by  the  court.6 
Commitment  of  child.    Order  on  parents  or  guardians. 

557.  At  the  hearing,  the  judge  or  judges  holding  such 
session  of  the  court,  shall  determine,  after  an  inquiry  into 
the  facts,  what  order  for  the  commitment  and  custody  and 
care  of  the  child,  the  child's  own  good  and  the  best  interests 
of  the  state  may  require ;  and  may  commit  such  child  to 
the  care  of  its  parents,  subject  to  the  supervision  of  a  pro- 
bation officer,  or  to  some  suitable  institution,  or  the  care  of 
some  reputable  citizen  of  good  moral  character,  or  to  the 
care  of  some  training  school,  or  to  an  industrial  school,  or 
the  care  of  some  association   willing  to  receive  it ;  and  in 
either  such  case  it  shall  be  within  the  power  of  the  court 
to  make  an  order  upon  the  parent  or  parents  of  any  such 


5.  Act  April  23.  1903,  Sec.  2,  P.  I/.  274. 

6.  Act  April  23,  1903,  Sec.  3,  P.  L,.  274. 


242  COMMON   SCHOOL   LAW 

child  to  contribute  to  the  support  of  the  child,  such  sum  as 

the  court  may  determine.7 

Proviso.     Discharge  from  reformatory  institution.     Record. 

558.  It  being  further  provided  that,  in   all    cases    in 
which  a  delinquent  child  shall  be  committed  to  the  care  of 
a  reformatory  institution,  when   such   child   shall  be  dis- 
charged from  such  institution,  the  court  shall  be  duly  ad- 
vised thereof,  and  a  record  of  such  discharge  shall  be  kept 
in  the  juvenile  court  docket8 

Guardianship.    Legal  adoption.    Guardianship  not  to  include  estate. 

559.  In  any  case  where  the  court  shall  award  a  depend- 
ent child  to  the  care  of  any  association  or  individual,  in  ac- 
cordance with  the  provisions  of  this  act,  the  child  shall, 
unless  otherwise  ordered,  become  a  ward,  and  be  subject 
to  the  guardianship  of  the  association  or  individual  to  whose 
care  it  is  committed.     Such  association  or  individual  shall 
have  authority  to  place  such  child  in  a  family  home,  with 
or  without  indenture,  and  may  be  made  party  to  any  pro- 
ceedings for  the  legal  adoption  of  the  child,  and  may,  by  its 
or  his  attorney  or  agent,  appear  in  any  court  where  such 
proceedings  are  pending  and  assent  to  sueh  adoption.     And 
such  assent  shall  be  sufficient  to  authorize  the  court  to  enter 
the  proper  order  or  decree  of  adoption.     Such  guardianship 
shall  not  include  the  guardianship  of  any  estate  of  the  child.9 
Care  of  the  child. 

560.  In  the  case  of  a  delinquent  child,  the  court  may 
continue  the  hearing  from  time   to  time ;    and  may   com- 
mit the  child  to  the  care  and  guardianship  of  a  probation 
officer,  duly  appointed  by  the  court,  and  may  allow  said  child 
to  remain  in  its  own  home,  subject  to  the  visitation  of  the 
probation  officer,  such  child  to  report  to  the  probation  offi- 
cer as  often  as  may  be  required,  and  subject  to  be  returned 
to  the  court,  for  further  proceedings,  whenever  such  action 
may  appear  to  be  necessary ;   or  the  court  may  commit  the 
child  to  the  care  and  guardianship  of  the  probation  officer, 


7.  Act  April  23,  1903,  Sec.  4,  P.  L.  274. 

8.  Act  April  23,  1903,  Sec.  4,  P.  L.  274. 

9.  Act  April  23,  1903,  Sec.  5,  P.  L.  274. 


POWER   OF   COURTS   OVER   CHILDREN  243 

to  be  placed  in  a  suitable  family  home,  subject  to  the  super- 
vision of  such  probation  officer ;  or  it  may  authorize  the 
said  probation  officer  to  board  out  the  said  child  in  some 
suitable  family  home,  in  case  provision  is  made  by  volun- 
tary contribution  or  otherwise  for  the  payment  of  the  board 
of  such  child,  until  a  suitable  provision  may  be  made  for 
the  child  in  a  home  without  such  payment ;  or  the  court 
may  commit  the  child  to  a  suitable  institution  for  the  care 
of  delinquent  children,  or  to  any  society,  duly  incorporated, 
having  for  one  of  its  objects  the  protection  of  dependent  or 
delinquent  children.10 
Unlawful  to  confine  child  in  jail,  police  station,  etc. 

561.  No  child,  pending  a  hearing  under  the  provisions 
of  this  act,  shall  be  held  in  confinement  in  any  county  or 
other  jail,  police  station,  or  in  any  institution  to  which 
adult  convicts  are  sentenced.11 

Limit  of  commitment. 

562.  No  order  for  the  commitment  of  any  child,  in  any 
proceedings  had  under  this  act,  shall  extend  to  a  period  be- 
yond when  such  child  shall  attain   the  age  of  twenty-one 
years.12 

Religious  belief. 

563.  The  court,  in  making  all  orders  for  the  commit- 
ment of  children,  shall  place  them,  as  far  as  possible,  in  care 
and  custody  of  persons  having  the  same  religious  belief  as 
the  parents  of  the  child,  or  with  some  association  which  is 
controlled  by  persons  of  such  religious  belief;  and  shall,  as 
far  as  possible,  provide,  in  making  orders  of  commitment, 
that  the  care,  custody  and  discipline  of  the  child  shall  be  as 
nearly  as  possible  that  which  should  be  given  by  its  parents.13 
Approved  family  home. 

564.  In  all  cases  where  it  can  properly  be  done,  the  child 
shall  be  placed  in  an  approved  family  home,  and  become  a 
member  of  the  family  by  legal  adoption  or  otherwise.14 


10.  Act  April  23,  1903,  Sec.  6,  P.  L.  274. 

11.  Act  April  23,  1903,  Sec.  7,  P.  L.  274. 

12.  Act  April  23,  1903,  Sec.  8,  P.  L.  274. 

13.  Act  April  23,  1903,  Sec.  9,  P.  L.  274. 

14.  Act  April  23,  1903,  Sec.  9,  P.  L,.  274. 


244  COMMON   SCHOOL   LAW 

Commitment  of  delinquent  child  under  the  age  of  twelve  years. 

565.  It  shall  not  be  lawful  to  commit  the  custody  of 
any  delinquent  child,  under  the  age  of  twelve  years,  to  any 
institution  of  correction  or  reformation,  unless,  after  the 
care  and   oversight  given  such  child  under  the  probation 
system  provided  for  by  this  act,  the  court  finds  that  the  best 
interests  of  the  child  and  the  welfare  of  the  community  re- 
quire such  commitment ;  and  it  shall  not  be  lawful  to  com- 
mit the  custody  of  any  neglected  or  dependent  child,  who 
is  delinquent,  to  any  institution  of  correction  or  reformation 
in  which  delinquent  children  are  received,   nor  shall  any 
delinquent  child  be  committed  to  any  institution  in  which 
dependent  or  neglected  children  are  received.15 

Trials  upon  indictment. 

566.  Nothing  herein  contained  shall  be  in  derogation 
of  the  powers  of  the  courts  of  quarter  sessions  and  oyer  and 
terminer  to  try,  upon  an  indictment,  any  delinquent  child 
who,  in  due  course,  may  be  brought  to  trial.16 


15.  Act  April  23,  1903,  Seo.  10,  P.  L.  274. 

16.  Act  April  23,  1903,  Sec.  n,  P.  L.  274. 


CHAPTER  XXIII. 

TEACHERS. 

PA.GB 

567.  Qualifications 246 

568.  Teachers  to  be  examined  in  physiology  and  hygiene 246 

569.  Examination  in  physical  culture 246 

570.  Humane  education 246 

571.  Provisional  certificate.     To  whom  granted 247 

572.  Professional  certificate.     To  whom  granted 247 

573.  Renewal 247 

574.  Permanent    certificate.      To   whom    granted.      Authority   to 

annul 248 

575.  Examination  for  permanent  certificate 248 

576.  Permanent  certificates  issued  on  recommendation  of  committee 

elected  by  county  institute.     Exceptions 249 

577.  Election  of  certain  grades  of  teachers  for  two  or  three  years. 

Dismissal 249 

578.  School  board  of  a  township  may  employ  teachers  for  the  term 

of  three  years  under  act  of  June  25,  1885 250 

579.  Permanent  state  teachers' certificate.     To  whom  granted 252 

580.  Form  of  application.     Power  of  superintendent  of  public  in- 

struction toannul  permanent  state  teachers'  certificates 252 

581.  Granting  of  permanent  state  teachers'   certificates  to  college 

graduates 253 

582.  Interstate  comity 254 

583.  Limitation  of  the  provisions  of  the  act 255 

584.  Annulment 255 

585.  Duty  of  teacher  to  make  monthly  report 255 

586.  Power  of  directors  over  teachers 255 

587.  When  teachers' contracts  are  valid 256 

588.  Substantial  compliance 256 

589.  President  and  secretary  cannot  make  contract 257 

590.  Directors  cannot  elect  teachers  by  secret  ballot 257 

591.  Duty  of  school  directors.     To  record  the  vote  in  employing 

school  teachers 259 

592.  School  boards  should  not  exclude  women  because  of  their  sex  261 

593.  Teachers  of  stenography  and  typewriting 262 

594.  Right  of  patrons  to  petition  for  or  against  the  appointment  of 

a  teacher 262 

595.  Minimum  salary  of  school  teacher 263 

596.  Dismissal  of    teacher   for  immorality.     Accused   entitled    to 

be  heard 263 

597.  Dismissal  of  teacher  for  incompetency 264 

598.  Dismissal  of  teacher  for  refusing  to  be  vaccinated 264 

599.  Teachers  may  be  dismissed  for  insubordination  and  disobe- 

dience   266 

600.  Liability  of  school  directors  for  the  dismissal  of  a  teacher 266 

60 1.  Power  of  school  board  to  pass  upon  the  charge  of  cruelty  of  a 

teacher 267 

602.  Teachers  have  the  right  to  use  corporal  punishment 268 


246  COMMON   SCHOOL   LAW 

603.  Government  of  schools.     Corporal  punishment 272 

604.  Offenses  out  of  school 274 

605.  Quo  warranto .'. 275 

Qualifications. 

567.  No  teacher  in  this  Commonwealth  shall  receive 
from  a  county,  city  or  borough  superintendent,  a  certificate 
as  a  teacher  who  has  not  a  fair  knowledge  of  orthography, 
reading,  writing,  geography,  English  grammar,  mental  and 
written  arithmetic,  history  of  the  United  States,  the  theory 
of  teaching,  and  civil  government,  including  state  and  lo- 
cal, and   elementary  algebra  ;  nor  shall  such  certificate  be 
given   to  any   person   who  is   in  the  habit  of  using,  as  a 
beverage,  any  intoxicating  drinks,  or  habitually  takes  opium ; 
and  all   certificates  given   to   teachers   shall  set  forth   the 
branches  in  which  those  holding  them  have  been  found  pro- 
ficient, and  indicate  by  suitable  marks  the  degree  of  that 
proficiency.1 

Teachers  to  be  examined  in  physiology  and  hygiene. 

568.  No  certificate  shall  be  granted  any  person  to  teach 
in  the  public  schools  of  the  Commonwealth  or  in  any  of  the 
educational  institutions  receiving  money  from  the  Common- 
wealth, who  has  not  passed  a  satisfactory  examination  in 
physiology  and  hygiene,  with  special  reference  to  the  effects 
of  alcoholic  drinks,  stimulants,  and  narcotics  upon  the  hu- 
man system.2 

Examination  in  physical  culture. 

569.  In   cities  of  the  first  and  second   class,  teachers 
must  be  examined  in  physical  culture.3 

Humane  education. 

570.  A  system  of  humane  education  has  been  establish- 
ed in  our  public  schools  and  while  the  act  does  not  declare 
that  teachers  shall  be  examined,  yet  every  teacher  should 
inform  himself  on  the  subject.4 


i.     Act  Ma}'  21,  1901,  P.  L.  269,  amending  Act  April  9,  1867,  Sec.  n,  P. 

L,  55- 
2     Act  April  2,  1885,  Sec.  3,  P.  L.  7- 

3.  Act  March  8,  1901,  Sec.  2,  P.  L.  49. 

4.  Act  March  27,  1905,  P.  L.  60. 


TEACHERS  247 

Provisional  certificate.    To  whom  granted. 

571.  County,  city  or  borough  superintendents  shall  is- 
sue two  grades  of  teachers'  certificates,  one  of  which  shall 
be  called  a  provisional  certificate,  and  shall  be  given  to  ap- 
plicants   possessing   a    fair    knowledge    of    the    following 
branches,  to  wit :  Orthography,  reading,  writing,  geography, 
English  grammar,  mental  and  written  arithmetic,  history 
of  the  United  States,  the  theory  of  teaching5,  physiology, 
and  hygiene,  with  special  reference  to  the  effects  of  alco- 
holic drinks,  stimulants  and  narcotics  upon  the  human  sys- 
tem6, civil  government,  including  state  and  local,  and  ele- 
mentary algebra,7  or  to  those  who,  possessing  a  thorough 
knowledge  of  the  branches,  have  little  or  no  experience  in 
teaching,  and  shall  license  the  holder  to  teach  in  the  county, 
city  or  borough  where  issued,  for  one  year,  and  which  shall 
not  be  renewed  without  a  re-examination.8 

Professional  certificate.    To  whom  granted. 

572.  The  act  also  provides  that  the  other  (certificate) 
shall  be  called  a  professional  certificate,  and  shall  be  given 
only  to  those  who  possess  a  thorough  knowledge  of  the  same 
branches  (as  required  for  the  provisional  certificate),  and 
who  have  had  successful  experience  in  teaching,  and  shall 
license  the  holder  to  teach  in  the  county,  city  or  borough, 
where  issued,  during  the  official  term  of  the*  county,  city  or 
borough  superintendent  issuing  it,  and  for  one  year  there- 
after. ^ 

Renewal. 

573.  Any  professional  certificate  may  be  renewed  by  a 
county,  city  or  borough  superintendent  without  re-examin- 
ation, after  having  fully  satisfied  himself,  by  personal  obser- 
vation, in  his  or  her  school,  of  the  competency  and  skill,  as 
a  teacher,  of  the  person  holding  it.10 


5.  Act  April  9,  1867,  Sec.  11,  P.  L.  55- 

6.  Act  April  2,  1885,  Sec.  3,  P.  L.  7- 

7.  Act  May  21,  1901,  P.  L.  269; 

8.  Act  April  9,  1867,  Sec.  12,  P.  L-  55- 

9.  Act  April  9,  1867,  Sec  12,  P.  L.  55- 
10.  Act  April  9,  1867,  Sec.  12,  P.  I,.  55. 


248  COMMON   SCHOOL   LAW 

Permanent  certificate.    To  whom  granted.     Authority  to  annul. 

574.  The  superintendent  of  public  instruction  shall 
cause  to  be  prepared  a  new  grade  of  teacher's  certificate,  to 
be  called  a  permanent  certificate,  which  shall  be  granted  by 
him  to  practical  teachers  holding  professional  certificates 
upon  the  recommendation  of  the  board  or  boards  of  directors 
in  whose  employment  the  applicant  shall  have  taught  for 
the  three  preceding  annual  school   terms,  which  shall  be 
countersigned  by  the  proper  county,  city  or  borough  super- 
intendent in  office  when   the  application  shall  be  made, 
and    approved,    after    examination,    by   a   committee    for 
each  county  or  city  in  case  a  separate  teachers'  annual  insti- 
tute is  held  therein,  which  committee  shall  consist  of  three 
practical  teachers  holding  a  valid  teachers'  certificate,  who 
shall  be  appointed  and  commissioned  as  examiners  for  a 
term  of  three  years  by  the  superintendent  of  public  instruc- 
tion, and  who  shall  be  subject  to  removal  by  him  at  any 
time,  and  such  permanent  certificate  shall  continue  to  be 
valid  in  such  county,  city  or  borough  unless  forfeited  accord- 
ing to  the  provisions  of  this  act,  and  shall  also  entitle  the 
holder  to  teach  one  year  in  any  other  county,  city  or  borough 
in  this  Commonwealth,  without  re-examination,  at  the  end  of 
which  time  it  may  be  indorsed  by  the  proper  county,  city 
or  borough  superintendent,  if,  from  personal  knowledge,  he 
deem  it  worthily  held,  and  it  shall  then   confer  upon  the 
holder  the  same  rank  and  privileges  as  in  the  county,  city 
or  borough   where  issued,  and  such  permanent  certificate 
shall  only  be  annulled  upon  complaint,  duly  proven  of  in- 
competency,  cruelty,  negligence  or  immorality  made  to  the 
state  superintendent  of  common  schools  by  a  county,  city 
or  borough  superintendent  and  a  committee  of  teachers  elect- 
ed and  constituted  as  aforesaid.11 

• 

Examination  for  permanent  certificate. 

575.  All   examinations   for  permanent  certificates  for 
teachers  in  the  common  schools,  shall  be  by  written  ques- 
tions and  answers ;  and  in  case  the  examination  of  the  appli- 


ii.     Act  June  28,  1895,  Sec.  9,  P.  L.  417,  amending  Act  April  9,  1867, 
Sec.  12,  P.  L,  55- 


TEACHERS  249 

cant  is  satisfactory  to  the  committee  of  teachers  On  perma- 
nent certificates,  the  list  of  questions  and  answers,  with  all 
other  papers  accompanying  the  application,  shall  be  forward- 
ed to  the  department  of  public  instruction,  and  if  approved 
by  the  superintendent  of  public  instruction,  he  shall  issue 
and  forward  to  the  applicant  a  permanent  certificate,  in  ac- 
cordance with  the  recommendation  made  by  the  committee, 
as  now  required  by  law ;  Provided,  That  the  questions  shall 
be  answered  immediately  and  in  the  presence  of  the  com- 
mittee.12 

Permanent  certificates  issued  on  recommendation  of  committee 
elected  by  county  institute.     Exceptions. 

576.  Any  permanent  certificate  granted  or  hereafter 
issued  on  the  recommendation  of  a  committee  of  teachers, 
duly  elected  at  the  annual  session  of  the  county  institute, 
shall  be  a  valid  certificate,  and  shall  continue  to  be  valid  in 
all  the  districts  of  the  county  where  issued,  including  the 
several  cities  and  boroughs  within  the  county,  except  such 
cities    and    boroughs   as    may    be   authorized    by    law   to 
hold  separate  annual  teachers'  institutes,  and  empowered  to 
recommend  the  granting  of  permanent  certificates,  which 
certificates  shall  be  valid  only  in  the  city  or  borough  where 
issued  '3 

Election  of  certain  grades  of  teachers  for  two  or  three  years.     Dis- 
missal. 

577.  Local  school  boards  of  the  various  townships,  bor- 
oughs and  wards,  and  boards  of  education,  boards  of  control 
and  other  bodies  having  authority,  under  the  laws  of  this 
Commonwealth,  to  elect  principals  and  assistant  teachers  of 
public  high  and  state  normal  schools  of  said  Commonwealth, 
may  elect  principals  and  assistant  teachers,  holding  the  grade 
of  "  professional   certificates,"    for   two    successive   school 
terms,  and  those  holding  the  grade  of  "  permanent  certifi- 
cates," or  diplomas,  issued  by  state  normal  schools  of  this 
Commonwealth,  for  three  successive  school   terms :    Pro- 
vided, That  any  of  the  aforesaid  boards  shall  have  power,  at 
any  time,  to  dismiss  any  principal  or  assistant  teacher  in 


12.  Act  June  22,  1883,  Sec.  i,  P.  L.  156. 

13.  Act  June  22,  1883,  Sec.  2,  P.  L,.  156. 


250  COMMON   SCHOOL   LAW 

their  employ  for  any  of  the  causes  mentioned  in  the  act  of 
May  8,  one  thousand  eight  hundred  and  fifty-four,  of  the 
school  laws  of  this  Commonwealth.14 

School  board  of  a  township  may  employ  teachers  for  the  term  of 
three  years  under  act  of  June  25,  1885. 

578.  In  accordance  with  this  action  of  the  school  board, 
the  president  and  secretary  entered  into  a  written  contract 
with  the  plaintiff,  employing  her  to  teach  in  the  schools  of 
the  district  for  a  period  of  three  successive  school  terms  at  a 
salary  of  $45  per  month.  It  was  admitted  upon  the  trial  that 
the  plaintiff  has  a  diploma  from  the  state  normal  school. 
Under  the  contract  above  mentioned,  the  plaintiff  taught 
one  of  the  schools  of  the  defendant  district  for  two  succes- 
sive years,  and  was  prevented  from  teaching  the  third  year 
by  the  election  of  another  teacher,  who  was  placed  in 
charge  of  the  school  formerly  taught  by  the  plaintiff  and 
who  refused  her  permission  to  teach  therein,  although  offer- 
ing to  do  so  for  a  number  of  successive  days  at  the  open- 
ing of  the  school  term. 

The  present  action  is  brought  to  recover  the  amount 
of  the  plaintiff's  salary  or  wages  as  a  teacher  for  ten  months 
from  August  to  May.  A  recovery  was  had  in  the  court  be- 
low7 for  the  full  amount.  On  appeal  the  Superior  Court 
affirmed  the  judgment  of  the  lower  court. 

The  defendant  school  district  seeks  to  evade  payment 
on  the  ground  that  contract  with  the  plaintiff  is  invalid  be- 
cause the  school  board  had  no  authority  to  enter  into  such 
a  contract  for  three  years. 

The  contract  entered  into  by  the  president  and  secre- 
tary, in  accordance  with  the  power  granted  to  them  by  the 
board  in  the  resolution,  as  recorded  in  the  minutes,  was  a 
sufficient  contract  upon  which  to  base  a  recovery,  if  the 
board  had  authority  to  employ  the  plaintiff  for  the  period 
of  three  terms,  and  this  involves  the  construction  of  the  act 
of  June  25,  1885,  P.  L.  175,  in  which  it  is  provided: 

"  That,  on  and  after  the  passage  of  this  act,  local  school 
boards  of  the  various  townships,  boroughs  and  wards,  and 


14.     Act  June  25,  1885,  Sec.  i,  P.  L.  175. 
Act  May  8,  1854.     Infra  Sec.  586. 


TEACHERS  251 

boards  of  education,  boards  of  control  and  other  bodies  hav- 
ing authority,  under  the  laws  of  this  Commonwealth,  to  elect 
principals  and  assistant  teachers  of  public  high  and  state 
normal  schools  of  said  Commonwealth,  may  elect  principals 
and  assistant  teachers  holding  the  grade  of  professional  cer- 
tificates for  two  successive  school  terms,  and  those  holding  the 
grade  of  permanent  certificates  or  diplomas  issued  by  state 
normal  schools  of  this  Commonwealth  for  three  successive 
school  terms." 

It  is  claimed  by  the  appellant  that  this  does  not  relate 
to  the  election  of  teachers  of  ordinary7  public  schools,  inas- 
much as  there  is  no  comma  between  public  and  high.  At 
the  time  the  said  act  was  passed,  however,  there  was  no 
authority  to  establish  high  schools  within  the  townships  of 
the  Commonwealth,  that  power  having  been  conferred  by  the 
act  of  June  28,  1895  P.  L.  413.  The  power  to  make  the  con- 
tracts for  three  years  was  based  substantially  upon  the  quali- 
fications of  the  teacher,  and,  if  qualified  to  teach  in  a  high  or 
normal  school  and  authority  was  given  to  make  a  contract 
for  three  years  under  such  circumstances,  it  is  difficult  to 
see  why  the  school  directors  of  a  township  should  not  have 
the  power  to  elect  for  a  similar  period  for  schools  of  a  lower 
grade.  In  the  publication  of  the  school  laws  by  the  school 
department,  it  is  proper  to  say  that  a  comma  appears  after 
the  word  "  public  "  without  determining  whether  or  not  we 
have  the  power  to  read  a  comma  into  the  act,  it  is,  never- 
theless, apparent  that  it  applies  to  schools  below  the  grade 
of  a  high  school  which  were  then  in  existence  in  the  several 
townships  of  the  state.  If  the  word  "  public ''  simply  qual- 
ifies the  word  "  high,"  it  would  have  been  simply  conferring 
a  power  upon  the  school  directors  of  the  townships  to  elect 
teachers  for  schools  which  had  no  existence  and  no  legal 
authority  for  existence  at  the  time  the  act  was  passed. 

The  contract,  under  which  the  plaintiff  claims,  having 
been,  therefore,  authorized  by  law  and  voted  by  the  school 
directors  substantially  in  compliance  with  the  terms  of  law, 
and  the  plaintiff  being  admittedly  qualified,  we  are  of  opin- 
ion that  the  contract  of  employment  bound  the  township 
for  the  full  term  stipulated  therein  and  that,  having  been 


252  COMMON   SCHOOL   LAW 

deprived  of  the  right  to  teach,  in  accordance  with  the  terms 
of  her  employment,  and  having  been  unable  as  she  testifies, 
to  secure  employment  elsewhere,  she  had  the  right  to  recover 
in  this  action.15 

Permanent  state  teachers'  certificates.    To  whom  granted. 

579.  The  state  superintendent  of  public  instruction  be 
empowered  to  and  shall  grant,  without  examination,  perma- 
nent state  teachers'  certificates  to  all  applicants  therefor,  who 
are  graduates  of  recognized  literary  or  scientific  colleges  le- 
gally empowered  to  confer  the  degrees  of  Bachelor  of  Arts  (B. 
A.),Masterof  Arts(M.  A.),  Bachelor  of  Science  (B.  S.),  Master 
of  Science  (M.  S.)  and  Bachelor  of  Philosophy  (Ph.  B.),  and 
whose  course  of  study  embraces  not  less  than  four  collegiate 
years :    Provided,    Said   applicants  are  at  least  twenty-one 
years  of  age  and  have  taught  at  least  three  full  annual  terms 
in    the    public    schools  of  the  Commonwealth  :     Provided 
further,  That  each  applicant  shall  produce  to  the  said  state 
superintendent  of  public  instruction  a  certificate  from  the 
school  board  or  boards,  countersigned  by  the  county  super- 
intendent of  the  same  county  where  he  or  she  last  taught, 
showing   that  the  said  applicant  is  a  person  of  good  moral 
character ;  has  been  successful  as   a  teacher  in  the  public 
schools    during  said   term  :     And   provided  further,  That 
said  certificate  shall  be  granted  by  the  state  superintendent 
of  public  instruction,  after  having  received  satisfactory  evi- 
dence from  the  said  applicants  that  they  have  complied  with 
the  requirements  of  this  act.15 

Forms  of  applications.     Power  of  superintendent  of  public  instruc- 
tion to  annul  permanent  state  teachers'  certificates. 

580.  The  forms  of  application  shall  be  submitted  by 
applicants,  and  the  certificates  to  be  issued  in  accordance 
with  the  provisions  of  this  act  shall  be  prescribed  and  deter- 
mined by  the  superintendent  of  public  instruction,  and  he 
shall  "have  authority  to  annul  such  certificates  granted  by 
himself  or  his  predecessors  in  office,  upon  complaint  duly 


15.  Burke  vs.  School  District,  28  Pa.  Superior  Ct.,  16,  1905. 

16.  Act  May  10,  1893,  Sec.  I,  P.  L.  39. 


TEACHERS  253 

proven,  of  incompetency,  cruelty,  negligence  or  immorality 
on  the  part  of  the  holder  thereof.17 

Granting  of  permanent   state  teachers'  certificates  to  college 
graduates. 

581.  Attorney-General  Hensel  said :  "  I  beg  to  acknowl- 
edge your  oral  request  for  a  construction  of  and  for  advice 
upon  the  act  of  May  10,  1893,  relative  to  the  grant  of  per- 
manent certificates  to  graduates  of  certain  literary  institu- 
tions "  legally  empowered  to  confer  "  certain  degrees,  etc. 
The  title  of  the  act  relates  to  graduates  of  "  recognized  literary 
and  scientific  colleges,"  but  in  the  body  of  the  statute  these 
vague  and  indefinite  terms  are  supplanted  by  words  of  exact 
and  precise  meaning. 

"  Literary  or  scientific  colleges"  legally  empowered  to 
confer"  the  degrees  specified  in  the  act,  in  my  opinion,  com- 
prise only  such  as  have  the  express  "authority  of  law  "  to 
confer  them.  Such  authority  must  be  found  either  in  the 
special  statutes  incorporating  them  or  in  the  general  corpo- 
ration laws  enacted  since  1873,  providing  a  uniform  system 
formation  of  corporations  for  "  the  support  of  any  literary, 
medical  or  scientific  undertaking,  literary  association,  or  the 
promotion  of  music,  painting  or  other  fine  arts." 

u  The  powers  of  a  corporation  must  be  given  in  plain 
words  or  by  necessary  implication.  All  powers  not  given 
in  this  direct  and  unmistakable  manner  are  withheld.  A 

s 

corporation  can  take  nothing  by  construction."     Common- 
wealth vs.  E.  &  N.  R.  R.  Co.,  27  Pa.  339. 

"  Before  the  Constitution  of  1873  and  the  corporation 
act  of  1874  were  adopted,  literary  institutions,  such  as  class- 
ical and  scientific  colleges,  were  chartered  specially  by  the 
legislature,  and  they  were  invested  with  express  power  to 
confer  degrees  by  the  statutes  erecting  them  into  corpora- 
tions. So  far  as  this  power  was  ever  delegated  to  the  courts, 
its  limitation  was  long  ago  made  the  subject  of  judicial  con- 
struction. In  the  case  of  St.  Mary's  Church,  6  Serg.  & 
Rawle,  505,  Tilghman,  C.  J.,  said  :  "  In  this  business  of 
charters,  the  court  acts  under  the  grant  of  an  extraordinary 


17.     Act  May  10,  1893,  Sec.  2,  P.  L.  39. 


254  COMMON   SCHOOL   LAW 

power  of  a  special  nature,  and  is  confined  to  the  cases  de- 
scribed in  the  acts  of  Assembly."  In  the  case  of  the  Medi- 
cal College  of  Philadelphia,  3  Wharton,  445,  the  Supreme 
Court  refused  to  incorporate  a  medical  college  with  power 
to  grant  degrees,  no  such  privilege  being  conferred  by  the 
act  of  1791.  These  principles  have  controlled  the  courts 
since  their  enunciation  and  are  recognized  as  the  settled  law. 

"In  the  Duquesne  College  Charter,  12  Pa.  C.  C.  491, 
the  Alleghany  county  court  held  that  the  courts  having 
power,  by  grant  of  the  legislature,  to  charter  colleges,  had 
no  power  to  invest  them  with  the  right  of  conferring  degrees. 
Whether  this  power  passes  to  and  rests  in  an  educational 
institution  by  necessary  implication,  is  a  mooted  question, 
the  right  answer  to  which,  it  must  be  admitted,  should  de- 
pend somewhat  on  the  kind  of  institution  that  claims  the 
right.  If  there  is  a  lack  of  legal  authority  at  present  to 
charter  institutions  of  any  kind  with  power  to  confer  de- 
grees, the  necessity  is  one  that  appeals  for  legislative  rather 
than  judicial  action.  Pending  the  consummation  of  it,  the 
cause  of  literature  and  of  scholarship  is  less  likely  to  suffer 
from  a  paucity  than  from  a  redundancy  of  degrees. 

"  For  the  purposes  of  your  present  inquiry,  I  advise  you 
that  you  are  not  required  to  grant,  without  examination, 
permanent  certificates  under  the  act  of  1893,  except  to  grad- 
uates of  colleges  "  legally  empowered  "  to  confer  degrees, 
'and  the  general  incorporation  of  a  literary  institution  under 
the  act  of  1874  does  not  "  legally  empower "  it  with  the 
right."  l8 
Interstate  comity. 

582.  For  the  purpose  of  establishing  interstate  comity 
in  permanent  licenses  to  teach,  the  superintendent  of  public 
instruction  of  the  state  of  Pennsylvania  be,  and  he  is  hereby, 
authorized  to  endorse  normal  school  diplomas  and  perma- 
nent certificates  granted  to  teachers  in  other  states  in  the 
Union :  Provided,  That  such  normal  school  diplomas  or  per- 
manent certificates  are  valid  licenses  to  teach  in  the  states 
by  whose  authorities  they  were  issued  :  And  provided  fur- 


18.     Certificates  to  College  Graduates,  14  Pa.  C.  C.  108,  1893. 


TEACHERS  255 

ther,  That  such  diplomas  or  certificates  be  accompanied  by 
recommendations  showing  the  holder  to  have  taught  suc- 
cessfully within  two  years,  and  such  normal  school  diplomas 
and  permanent  certificates,  when  so  endorsed,  shall  be  availa- 
ble for  like  purpose,  and  have  the  same  force  and  effect,  as 
certificates  of  like  grade,  for  like  purpose,  by  the  superinten- 
dent of  public  instruction  of  this  Commonwealth.'9 
Limitation  of  the  provisions  of  the  act. 

583.  The  provisions  of  this  act  shall  be  extended  only 
to  those  states  which  by  legislative  enactment  grant  the 
same  privilege  to  teachers  of  this  Commonwealth.20 
Annulment. 

584.  The  superintendent  of  public  instruction  shall 
have  authority  to  annul  such  normal  school  diplomas  and 
permanent  certificates,  endorsed  and  validated  by  himself  or 
predecessors  in  office,  upon  complaint  duly  proven,  of  in- 
competence, cruelty,  negligence  or  immorality  on  the  part 
of  the  holder  thereof.21 

Duty  of  teacher  to  make  monthly  report. 

585.  It  shall  be  the  duty  of  every  teacher  to  make  out 
and  file  with  the  board  of  directors  or  controllers  of  the  dis- 
trict, at  the  end  of  each  month,  a  report,  setting  forth  the 
whole  number  of  pupils  attending  school  during  the  month, 
designating  whether  male  or  female,  the  number  of  days 
each  attended,  the  books  used  and   branches  taught ;    and 
until  such  report  shall  have  been  made,  it  shall  not  be  law- 
ful for  the  board  of  directors  to  pay  said  teacher  for  his  or 
her  services.     The  reports  made  in  pursuance  of  the  fore- 
going provisions  shall  be  regularly  filed  by  the  secretary  of 
the  board  of  directors  or  controllers,  and  shall  at  all  times 
be  subject  to  the  inspection  of  any  citizen  of  the  district.22 
Power  of  school  directors  over  teachers. 

586.  School  directors  shall  have  the  appointment  of  all 
the  teachers    of  common  schools  in    the  district,  fix    the 


19.  Act  May  n,  1901,  Sec.  i,  P.  L.  183. 

20.  Act  May  n,  1901,  Sec.  2,  P.  L,.  183. 

21.  Act  May  ir,  1901,  Sec.  3,  P.  L.  183. 

22.  Act  May  8,  1854,  Sec.  27,  P.  L-  617. 


256  COMMON   SCHOOL   LAW 

amount  of  teachers'  salaries,  and  may  dismiss  them  at  any 
time  for  incompetency,  cruelty,  negligence  or  immorality.23 
When  teachers'  contracts  are  valid. 

587.  Mr.  Justice  Gordon  said  in  part  :  "By  the  act  of 
April  n,  1862,  teachers  can  only  be  selected  by  the  school 
board,  and  so  specific  is  this  act  upon  this  subject,  that  it 
requires  the  names  of  the  members  voting  both  in  the  af- 
firmative and    negative,  to  be  recorded   upon  the  minutes. 
This  statute  is  a  valuable  one,  intended  to  compel  the  ex- 
pression of  each  individual  member  of  the  school  board  on 
a  subject  all  important  in  the  public  education,  and  this  for 
the  very  purpose  of  preventing  jobbery,  and  the  exercise  of 
a  one-man  power,  in   the  conduct  of  common  schools ;  we 
are,  therefore,  not  inclined  to  permit  the  abrogration  of  its 
force  and  efficiency  by  a  weak  construction  designed  to  meet 
a  particular  case."  24 

In  discussing  the  same  statutory  provision  for  the  se- 
lection of  teachers,  Mr.  Justice  Sterrett  said  in  Dyberry 
School  District  vs.  Mercer,  115  Pa.  564:  "They  are  wise 
and  wholesome  provisions  intended  to  correct  gross  abuses 
which  had  gradually  crept  into  the  administration  of  our 
school  system,  and  hence  it  is  not  requiring  too  much  to 
insist  on  a  substantial  compliance  with  the  spirit  if  not  the 
very  letter  of  the  act." 
Substantial  compliance. 

588.  The  only  instance  in  which  a  departure  from  the 
strict  letter  of  the  law  has  been  allowed,  are  when  the  min- 
utes show  that  all  the  members  were  present:  Tobin   vs. 
Morgan,  70  Pa.  229;  or  where,  less  than  the  whole  number 
being   present,  the  minutes  set  forth  their  names  Genesee 
Township   vs.   McDonald,  98   Pa.  444,   and  show  in  each 
case  that  the  resolution  passed  unanimously.    In  the  last- 
mentioned  case  the  conclusion,  that  there  was  a  substan- 
tial compliance  with   the  law,  was  reached  "  after  a  good 
deal  of  hesitation."25 


23.  Act  May  8,  1854,  Sec.  23,  P.  L.  617. 

24.  Dennison  Township  vs.  Padden,  89  Pa.  395,  1879. 

25.  Heisey  vs.  Risser,  3  Pa.  Superior  Ct.  196,  1896. 


TEACHERS  257 

President  and  secretary  cannot  make  contract. 

589.  By  the  act  of  April  n,  1862,  teachers  can  only  be 
elected  by  the  school  board,  and  so  specific  is  this  act,  upon 
this  subject,  that  it  requires  the  names  of  members  voting, 
both  in  the  affirmative  and  negative,  to  be  recorded  upon 
the  minutes.     This  is  the  only  manner  in  which  teachers 
can   be  selected,   and,  from  the  very  nature  of  things,  this 
power  cannot  be  delegated. 

This  statute  is  a  valuable  one,  intended  to  compel  the 
expression  of  each  individual  member  of  the  school  board 
on  a  subject  all-important  in  the  public  education,  and  this 
for  the  very  purpose  of  preventing  jobbery,  and  the  exercise 
of  a  one-man  power,  in  the  conduct  of  our  common  schools; 
we  are,  therefore,  not  inclined  to  permit  the  abrogation  of 
its  force  and  efficiency  by  a  weak  construction  designed  to 
meet  a  particular  case. 

Public  officers  cannot,  by  contract,  or  otherwise,  make 
over  to  private  persons,  their  functions  or  powers,  for  these 
are  committed  to  them  for  the  public  welfare  and  not  for 
private  gain.  As  long  as  their  contracts  do  not  compromise 
the  common  good,  or  tend  to  defeat  the  purposes  for  which 
they  are  elected,  they  may  be  enforced,  but  when  they  pass 
this  line  they  have  no  legal  efficacy.26 

Directors  cannot  elect  teachers  by  secret  ballot. 

590.  On  June  20,  1896,  Heisey  was  elected  teacher  by 
secret  ballot,  the  contract  was  entered  into  between  Heisey 
and   the  school  board,  duly  signed   by  the  president  and 
countersigned  by  the  secretary,  providing  for  his  employ- 
ment for  the  ensuing  school   term   at  $40.00  per  month. 
On  July  18,  1896,  the  school  directors  held  another  meet- 
ing and  selected  Wolfersberger  to  the  same  position  who 
performed  the  duties  as  teacher  for  the  said  district.- 

Heisey  then  filed  his  petition  for  a  writ  of  alternative 
mandamus  to  compel  the  directors  to  reinstate  him  to  the 
position  to  which  he  was  elected;  and  upon  a  motion  to 
quash,  President  Judge  Rice  said  in  part : 


26.     School  District  of  Dennison  Township  vs.  Padden,  89  Pa.  395,  1879. 


258  COMMON   SCHOOL   LAW 

"The  act  of  April  n,  1862,  P.  L.  472  provides: 
"  That  no  ....  teacher  shall  be  appointed  or  dismissed 
....  except  by  the  affirmative  votes  of  a  majority  of  the 
whole  number  of  the  directors  or  controllers  thereof;  and 
the  names  of  the  members  voting,  both  in  the  af- 
firmative and  the  negative,  shall  be  so  entered  on  the  min- 
utes of  the  board  by  the  secretary."  The  relator  claims 
that  he  was  elected  or  chosen  a  teacher  by  a  majority,  but 
admits  that  it  was  by  a  secret  ballot  and  that  the  names  of 
the  members  voting  in  the  affirmative  and  the  negative 
were  not  entered  on  the  minutes.  Where  the  directions  of 
a  statute  are  given  with  a  view  to  the  proper,  orderly  and 
prompt  conduct  of  business  merely,  the  provision  may  be 
regarded  as  directory.  But  where  the  fair  interpretation  of 
a  statute,  which  directs  acts  or  proceedings  in  a  certain  way, 
shows  that  the  legislature  intended  compliance  with  such 
provision  to  be  essential  to  the  validity  of  the  act  or  pro- 
ceeding, the  statute  must  be  regarded  as  mandatory.  Of 
this  latter  nature  is  the  statutory  provision  under  consider- 
ation. It  relates  to  a  power  conferred  on  the  directors 
which  concerns  the  public,  and  the  method  of  exercising  it 
is  prescribed  in  order  that  the  public  may  know  whom  to 
hold  responsible  for  action  which  so  deeply  concerns  them. 

To  hold  that  it  is  merely  directory,  and  that  the  board 
may  at  pleasure  substitute  a  secret  ballot,  and  thus  make  it 
impossible  for  the  secretary  to  record  the  affirmative  and 
negative  votes,  would  defeat  the  manifest  purpose  for  which 

it  was  enacted Here  there  was  neither  literal  nor 

substantial  compliance  with  the  law.  Indeed,  where  the 
election  is,  as  it  was  in  this  case,  by  secret  ballot,  the  sec- 
retary has  no  means  of  ascertaining  how  the  members 
voted,  and  therefore  it  is  impossible  for  him  to  comply  with 
the  law*by  recording  the  names  of  the  members  voting  in 
the  affirmative  and  negative.  We  are  unable  to  agree  with 
the  relator  that  the  failure  of  the  directors  to  conduct  the 
election  and  to  have  the  result  recorded,  as  provided  by  law, 
does  not  affect  the  validity  of  his  appointment  and  his  right 
to  be  inducted  into  the  place  to  which  he  was  chosen.  It 
was  incumbent  on  him  to  show  an  appointment  to  the  place 


TEACHERS  259 

by  the  board  of  directors  in  the  manner  prescribed  by  law. 
A  contract  of  employment  without  such  appointment, 
although  executed  in  due  form  by  the  officers  of  the  board, 
gave  him  no  vested  right  to  the  position  and  to  this  extra- 
ordinary legal  remedy  for  its  enforcement."  27 

Duty  of  school  directors,  to  record  the  vote  in  employing  school 
teachers. 

591.  In  Burke  vs.  School  District,  the  district  attacked 
the  \alidity  of  the  contract,  employing  a  teacher  for  the 
term  of  three  years  on  the  ground  that  the  minutes  of  the 
school  board  did  not  contain  "  the  names  of  the  members 
voting  both  in  the  affirmative  and  the  negative  upon  the  ques- 
tion of  her  election,"  the  minutes  showing  that  "all  mem- 
bers answered  to  the  roll  call,"  and  that  the  report  of  the 
teachers'  committee  was  adopted,  "all  members  voting  in 
the  affirmative." 

In  delivering  the  opinion  of  the  Superior  Court, 
Beaver  J.  said : 

"  By  the  4th  section  of  the  act  of  April  n,  1862,  P.  L. 
471,  it  is  provided  that,  inter  alia,  '  No  teacher  shall  be  ap- 
pointed or  dismissed,  except  by  the  affirmative  votes  of  a 
majority  of  the  whole  number  of  the  directors  or  controllers 
thereof,  and,  in  each  of  said  cases,  the  names  of  the  mem- 
bers voting  both  in  the  affirmative  and  the  negative,  shall 
be  entered  on  the  minutes  of  the  board  by  the  secretary, 
etc. 

"  This  act  of  assembly  has  been  construed  many  times, 
especially  in  Derinison  School  District  vs.  Padden,  89  Pa. 
395,  and  in  Dyberry  School  District  vs.  Mercer,  115  Pa. 
559,  In  the  latter  case,  it  was  said:  "The  refusal  of  the 
board  to  retain  her  as  a  teacher,  after  the  expiration  of  the 
first  four  months,  was  not  controverted  ;  but  it  was  denied 
that  she  had  ever  been  employed  for  the  last  three  months. 
It  was,  therefore,  incumbent  on  her  to  prove  that  she  had 
been  so  employed ;  and,  for  that  purpose,  testimony,  con- 
sisting chiefly  of  loose  declarations  of  members  of  the  school 
board,  was  introduced  and  submitted  to  the  jury.  It  is  un- 


27.     Heisey  vs.  Risser,  3  Pa.  Superior  Ct.,  196,  1896. 


260  COMMON   SCHOOL   LAW 

necessary  to  refer  specially  to  the  testimony  on  which  she 
relied.  There  was  nothing  in  the  minutes  of  the  school 
board  to  show  that  she  had  been  duly  appointed  teacher  for 
the  three  months  in  question."  Later,  Mr.  Justice  Ster- 
rett,  who  delivered  the  opinion  of  the  court,  said  :  "In  the 
case  last  cited  (Dennison  School  District  vs.  Padden)  we 
held,  that,  in  the  selection  of  school  teachers,  the  provisions 
of  this  act  must  be  strictly  complied  with  ;  and  we  are  not 
disposed  to  recede  from  that  position.  They  are  wise  and 
wholesome  provisions,  intended  to  correct  gross  abuses 
which  had  gradually  crept  into  the  administration  of  our 
school  system  and  hence  it  is  not  requiring  too  much  to  in- 
sist on  a  substantial  cqmpliance  with  the  spirit,  if  not  the 
very  letter,  of  the  act." 

"The  objection  here  is  not  that  the  minutes  of  the 
school  board  do  not  show  an  employment  nor  that  they  do  not 
show  an  affirmative  vote  by  all  the  members  of  the  board, 
but  that  the  vote  is  not  recorded  by  giving  the  names  of  those 
who  voted  in  the  affirmative  and  negative  respectively." 

In  the  present  case  there  were  no  negative  votes.  "All 
the  members  voted  in  the  affirmative,"  all  being  present,  as 
it  affirmatively  appears  in  the  minutes  that  all  answered  to 
the  roll  call.  Is  this  not  a  substantial  compliance  with  the 
spirit  of  the  act,  though  perhaps  not  with  its  very  letter? 
We  think  it  is.  If  there  had  been  a  division,  it  would  have 
been  necessary,  in  accordance  with  the  terms  of  the  act,  to 
record  the  names  of  those  who  voted  in  the  affirmative  and 
of  those  who  voted  in  the  negative ;  but,  there  being  no 
division  and  the  names  of  the  members  of  the  school  board 
being  known,  the  record  that  all  the  members  voted  in  the 
affirmative  was  a  sufficient  minute  upon  which  to  base  the 
employment  of  the  plaintiff,  and,  indeed,  this  has  been  prac- 
tically decided  in  Tobin  vs.  Morgan,  70  Pa.  229,  in  which 
Mr.  Justice  Sharswood,  delivering  the  opinion,  says  :  "  The 
minutes  state  that  all  the  members  were  present  and  the 
resolution  imposing  the  tax  was  passed  unanimously.  The 
act  evidently  contemplated  that  the  ayes  and  nays  should 
be  recorded  only  when  there  were  members  voting  both  in 
the  affirmative  and  negative."  See  also  Genesee  Twp. 


TEACHERS  26l 

School  District  vs.  McDonald,  98  Pa.  444  ;   Comth.  ex  rel. 
Heisey  vs.  Risser,  3  Pa.  Superior  Ct.  i()6.28 

School  boards  should  not  exclude  women  because  of  their  sex. 

592.  Mr.  Justice  Williams  said  :  "  No  woman  should 
be  excluded  from  any  position  she  is  competent  to  fill  be- 
cause of  her  sex,  and  if  we  may  judge  from  the  figures  be- 
fore us,  showing  the  great  majority  of  the  teachers  in  Phila- 
delphia to  be  women,  we  should  conclude  that  the  board  of 
education  were  of  the  same  opinion.  No  woman  qualified 
for  supervising  principal  should  be  refused  appointment  be- 
cause of  sex  alone.  In  balancing  the  arguments  for  and 
against  an  appointment  to  a  particular  school,  the  board  of 
education  may,  and  they  could  not  intelligently  dispose  of 
the  question  if  they  did  not  consider  the  sex  and  age  of  the  pu- 
pils ;  the  kind  of  treatment  necessary  to  the  enforcement  of 
proper  discipline ;  the  measure  of  physical  strength ;  the  facili- 
ty and  experience  in  the  management  of  pupils  on  the  part  of 
each  of  the  applicants ;  and  in  so  far  as  the  sex  of  the  applicant 
might  seem  likely  to  help,  or  to  be  in  the  way  of  success  in  the 
maintenance  of  the  discipline  necessary  for  the  good  of  the 
school,  it  may  be  considered  with  the  other  qualifications,  and 
help  to  determine  the  choice.  Standing  by  itself  it  is  neither  a 
controlling  qualification  nor  disqualification.  It  is  a  circum- 
stance that  may  be  helpful  with  some  pupils,  or  in  schools 
of  a  particular  grade,  and  not  helpful  with  other  pupils  or 
in  other  schools.  The  question  of  eligibility  is  one  thing. 
The  selection  among  a  class  of  eligibles  is  quite  another. 
Sex  ought  not  affect  the  first,  it  may  help  under  some  cir- 
cumstances to  determine  the  last.  The  clause  in  the  con- 
stitution, if  applicable  to  this  case,  removes  any  barrier  in 
the  way  of  the  selection  of  the  plaintiff  which  her  sex  might 
otherwise  have  presented,  so  that  she  may  apply  for  any 
office  of  control  or  management  under  the  school  laws,  and 
be  legally  competent  to  hold  it  if  appointed  to  it.  It  does 
not  require  that  she  shall  be  appointed  if  she  becomes  a  can- 
didate."^ 


28.  Burke  vs.  School  District,  28  Pa.  Superior  Ct.  16,  1905. 

29.  Sherry  vs.  Jenks,  154  Pa.  368,  1893. 


362  COMMON   SCHOOL   LAW 

Teachers  of  stenography  and  typewriting. 

593.  It  shall  be  lawful  for  the  board  of  school  directors 
or  school  controllers  in  any  common  school  district  in  this 
Commonwealth,    to    employ  teachers  of  stenography  and 
typewriting,  without  requiring  the  person  employed  for  this 
purpose  to  have  a  teacher's  certificate  from  the  county,  city 
or  borough  superintendent  of  public  instruction  as  now  re- 
quired by  law ;    but  no  such  person  shall  be  permitted  to 
teach  any  other  branch  than  those  herein  expressly  named, 
and  no  such  employment  shall  be  permitted  until  it  shall  have 
been  approved   in  writing  by  the  county,  city  or  borough 
superintendent,  as  the  case  may  be,  and  shall  have  been  sub- 
mitted to  and  approved  in  writing  by  the  state  superinten- 
dent of  public  instruction.30 

Right  of  patrons  to   petition  for  or  against  the  appointment  of  a 
teacher. 

594.  Some  of  the  patrons  presented  a  remonstrance  to 
the  school  board  protesting  the  appointment  of  Jesse  Lav- 
ery  as  teacher.     The  school  board  refused  to  elect  him  on 
account  of  the  remonstrance,  whereupon  he  instituted  suit 
against  all  the  signers  of  the  petition  for  conspiracy. 

Mr.  Justice  Agnewsaid:  "The  paper  signed  by  the 
defendants  was  a  request  to  the  school  directors  not  to  employ 
the  plaintiff,  under  any  circumstances,  as  a  teacher  in  school 
No.  4  for  the  coming  term.  It  preferred  no  charges  and 
gave  no  reasons,  and  was  a  simple  expression  only  of  the 
wishes  of  the  signers.  It  was  the  right  of  these  citizens  of 
the  district  thus  to  declare  their  desire.  They  had  a  right 
to  express  a  preference  or  to  declare  their  objection  to  any 
one  applying  for  appointment.  They  were  deeply  interest- 
ed, and  had  therefore  a  right  to  speak  out.  But  we  cannot 
recognize  the  position  to  which  the  argument  of  the  plain- 
tiffs in  error  leads,  that  such  a  right  of  expression  can  be 
made  a  channel  through  which  men  may  gratify  their  mal- 
ice and  enmity.  This  would  be  the  actual  result  of  the 
argument  that  the  right  of  petition  is  so  sacred  that  the 
private  purposes  and  motives  of  the  actors  cannot  be  in- 


30.     Act  June  23,  1897,  Sec.  i,  P.  L.  193. 


TEACHERS  263 

quired  into.  If  they  cannot,  and  if  the  real  purpose  of  the 
petition  be  the  gratification  of  ill-will  and  malice  without 
cause,  then  men.  may  be  borne  down  by  the  power  of  their 
enemies,  especially  in  numbers  and  by  combination,  and 
their  efforts  in  life  to  earn  bread,  and  support  those  depend- 
ent on  them,  may  be  frustrated  merely  for  the  gratification 
of  base  and  malevolent  feelings.  A  groundless  petition 
instigated  only  by  malice  cannot  surely  be  the  right  of  any 
citizen  where  it  actually  results  in  harm  to  the  object  of  its 
malicious  purpose."  3I 
Minimum  salary  of  school  teacher. 

595.  The  minimum  salary  of  school  teachers,  teaching 
in  the  public  schools  of  this  Commonwealth,  shall  be  thirty- 
five  dollars  per  month.32 

It  shall  be  the  duty  of  the  president  and  secretary  of 
.the  school  board,  of  each  school  district  in  this  Common- 
wealth, to  make  report,  under  oath,  to  the  superintendent  of 
public  instruction,  that  the  requirements  of  this  act  have 
been  fully  complied  with.33 

Every  school  district  of  this  Commonwealth  failing  to 
comply  with  the  requirements  of  this  act,  shall  forfeit  its 
state  appropriation  for  the  whole  time  during  which  this  act 
has  been  violated.34 
Dismissal  of  teacher  for  immorality.     Accused  entitled  to  be  heard. 

596.  The  board  of  trustees  of  a  state  normal  school 
passed  a  resolution  convicting  the  principal  of  immoral  con- 
duct and  dismissed  him  from  office,  without  notice  or  hear- 
ing.    The  court  held  that  the  action  of  the  trustees  was  ir- 
regular and  unjust.     A  good  character  is  a  necessary  part 
of  the  equipment  of  a  teacher.     Take  this  away,  or  blacken 
it,  and  the  doors  of  professional  employment  are  practically 
closed  against  him.     Before  this  is  done  there  should  be  at 
least  a  hearing,  at  which  the  accused  may  show  that  the 
things  alleged  are  not  true,  or  if  true  are  susceptible  of  an 


31.  Vanarsdale  vs.  L,averty,  69  Pa.  103,  1871. 

32.  Act  April  9,  1903,  Sec.  I,  P.  L.  162. 

33.  Act  April  9,  1903,  Sec.  2,  P.  L,.  162. 

34.  Act  April  9,  1903,  Sec.  3,  P.  L.  162. 


264  COMMON   SCHOOL   LAW 

explanation  consistent  with  good  morals  and  his  own  pro- 
fessional fidelity.35 
Dismissal  of  teacher  for  incompetency. 

597.  After  a  visitation  of  A's  school,  the  school  board  de- 
cided that  the  recitations  were  poor,  deportment  bad,  scholars 
lifeless  and  indifferent  in  studies,  and  that  the  teacher  dis- 
played inability  to  get  up  any  enthusiasm  in  studies  what- 
ever, and  that  he  had  no  discipline.     At  the  regular  meeting  of 
the  board,  it  was  decided  to  dismiss  him  for  incompetency, 
which    was    regularly    entered    upon    the    minutes.     The 
teacher  instituted  suit  for  the  amout  of  salary  due,  but  the 
court  held  on  the  trial  that  unless  he  could  prove  that  the 
members  of  the  board  acted  corruptly  or  in  bad  faith,  or  that 
they  were  guilty  of  any  clear  abuse  of  their  powers,  lie  could 
not  recover.  36 

Dismissal  of  teacher  for  refusing  to  be  vaccinated. 

598.  Judge  Arnold  said  : 

"  As  school  directors  may,  in  the  exercise  of  a  sound 
discretion,  exclude  from  the  public  schools  pupils  who  have 
not  been  vaccinated,  as  was  decided  by  the  Supreme  Court 
in  the  case  of  Duffield  vs.  The  Williamsport  School  District, 
162  Pa.  476  (1894),  so  may  they  exclude  teachers  and  other 
employees  for  the  same  reason.  The  protection  which  vac- 
cination is  believed  to  afford  must  be  reciprocal  ;  teachers 
and  pupils  are  alike  entitled  to  protection  against  contagious 
disease.  Whether  vaccination  is  a-  preventive  of  small-pox 
this  court  has  no  power  to  investigate  and  decide.  The  leg- 
islature has  authorized,  and  the  Supreme  Court  has  sustain- 
ed regulations  requiring  vaccination,  and  therefore  a  court 
of  the  first  instance  is  prohibited  from  inquiring  into  the 
efficacy  of  vaccination  as  a  preventive  of  small-pox :  Field 
vs.  Robinson,  198  Pa.  638  (1901).  The  opinion  of  the  plain- 
tiff that  vaccination  is  not  a  preventive,  and  that  it  would  be 
dangerous  to  her  health,  is  not  a  sufficient  reason  to  exempt 
her  from  obedience  to  the  order  of  the  board  of  education 
requiring  vaccination.  Hence  the  offer  of  the  plaintiff  to 


35.  Normal  School  vs.  Cooper,  150  Pa.  78,  1892. 

36.  McCrea  vs.  School  District,  145  Pa.  550,  1891. 


TEACHERS  265 

show  that  she  considered  it  dangerous  to  her  health  was  ir- 
relevant and  immaterial,  and  was  properly  rejected. 

"  The  plaintiff  having  refused  to  obey  the  order  of  the 
board  of  education  to  produce  a  certificate  of  successful  vac- 
cination within  the  last  five  years,  the  chairman  of  the  girls' 
high  school  had  full  authority  to  suspend  her  and  report 
his  action  to  the  committee  for  ratification,  which  has  been 
done.  In  all  cases  of  this  kind  requiring  prompt  action, 
authority  to  act  in  the  first  instance  resides  in  the  chairman 
or  other  visiting  member  of  the  committee,  subject  to  the 
approval  or  disapproval  of  the  whole  committee. 

"  The  contention  of  the  plaintiff  that  she  cannot  be 
suspended  except  for  incompetency,  cruelty,  negligence  or 
immorality,  under  the  act  of  May  8,  1854,  P.  L,.  622,  if  that 
were  the  only  act  bearing  on  the  subject,  is  not  sustainable. 
Under  the  act  of  March  3,  1818,  7  Sm.  Laws  53,  which,  by 
section  50  of  the  act  of  1854,  was  declared  to  be  concurrent 
with  the  provisions  of  that  act,  the  board  of  public  educa- 
tion of  the  first  school  district  has  the  general  superintend- 
ence over  all  the  schools  established  under  and  by  virtue  of 
that  act  in  the  said  district,  and  may  make  such  rules  and 
regulations  for  their  own  government  and  for  the  general 
regulations  of  the  district  as  may  be  deemed  necessary  for 
carrying  the  act  into  complete  effect.  Even  if  the  act  of 
1854  were  the  only  statute  on  the  subject,  we  have  no  hesi- 
tation in  saying  that  disobedience  of  the  reasonable  orders 
of  the  board  of  education  is  an  act  of  negligence.  There  are, 
however,  other  causes  for  which  a  teacher  may  be  suspended 
or  dismissed.  Thus,  incurable  disease,  loss  of  reason  or  hear- 
ing or  sight  or  limbs  may  result  in  the  loss  of  .employment 
by  a  teacher,  yet  it  is  not  necessary  that  these  causes  should 
be  written  in  the  laws  or  rules  of  the  school.  The  law  appli- 
cable to  cases  of  this  kind  is  the  ordinary  law  of  master  and 
servant.  If  the  servant  disobeys  the  reasonable  orders  of  his 
employer,  he  may  be  suspended  or  discharged.  In  the  pres- 
ent case  the  plaintiff  is  ''  too  self-opinionated,"  as  has  been 
said  in  the  books  :  See  Wood  on  Master  and  Servant,  116  ; 
Cassidy  vs.  Janauschek,  17  Phila.,  325.  She  has  set  up  her 
own  opinion  against  that  of  the  board  of  education.  She 


COMMON  SCHOOL  LAW 

lias  refused  to  comply  with  a  lawful  regulation  of  the  board. 
Therefore,  she  is  subject  to  suspension  and  dismissal."  37 

Teachers  may  be  dismissed  for  insubordination  and  disobedience. 

599.  Chief  Justice  L/owrie  said  :   "A  schoolmaster  was. 
dismissed  by  the  board  of  school  directors  for  gross  insubor- 
dination and  disobedience  ;  and  this  seems  to  have  given 
rise  to  a  partisan,  division  in  the  township  and  in  the  board, 
and  two  annual  township  elections  turned  upon  it.     This  is 
very  much  to  be  deplored.     The  encouragement  and  promo- 
tion of  official  disobedience  is  a  very  bad  way  of  correcting 
the  errors  of  superior  officers.     How  can  the  people  expect 
good  instruction  for  their  children  from  an  insubordinate 
teacher,  perhaps  himself  the  leader  of  the  strife  that  grew 
out  of  this  disrespect  of  the  school  directors  ?     How  can 
they  expect  good  men  to  be  directors,  when  their  very  per- 
formance of  their  duty  is  made  the  ground  of  a  general 
neighborhood  quarrel  ?     How  can  they  expect  their  children 
to  grow  up  into  orderly  citizens,  when  teachers,  schoolmas- 
ters, and  people,  refuse  to  respect  the  law?     No  doubt,  so 
bad  an  example  as  this  may  do  good  to  others,  by  being  a 
yarning  to  them ;  but  surely  a  good  example  would  have 
been  better  for  all.      A  school  system  under  popular  control 
will  be  no  blessing  to  us,  if  it  be  so  conducted  as  to  beget 
among  the  people  habits  of  disregard   for   their  own   law. 
Society  is  worthless  if  it  has  no  abiding  rule  of  order."38 

Liability  of  school  directors   for  the  dismissal  of  a  teacher. 

600.  School  directors,  acting  within  the  scope  of  their 
authority  in  the  dismissal  of  teachers,  are  not  answerable  in 
damages  for  the  consequences  of  their  acts,  unless  done  ma- 
liciously and  with  an  intent  to  injure.39 

The  action  of  the  board,  if  it  be  properly  entered  upon 
the  minutes  in  the  form  and  manner  required  by  the  statute 
in  the  case  of  a  dismissal,  is  conclusive,  unless  the  board 


37.  Lyndall  vs.  Board  of  Education,  10  D.  R.  665,  1901. 

38.  The  Township,  of  Dickinson  vs.  Linn,  36  Pa.  431,  1860. 

39.  Burton  vs.  Fulton,  49  Pa.  151,  1865. 


TEACHERS  -367 

<can  be  shown  to  have  acted  corruptly  or  in  bad  faith,  or  to 
have  clearly  abused  their  powers.40 

Power  of  school  board  to  pass  upon  the  charge  of  cruelty  of  a 
teacher. 

60 1.  A  was  employed  by  the  school  district  to  teach  in 
Byerly  School  House  No  4,  for  a  term  of  seven  months, 
beginning  in  September,  1887,  at  a  salary  of  $40  per  month. 
He  performed  tlie  duties  of  a  teacher  at  said  school  house 
from  September  12,  1887,  to  December  19,  1887,  when  he 
was  dismissed  and  ousted  from  his  school  by  the  board  of 
•directors  for  having  inflicted  cruel  and  severe  punishment 
on  B,  a  pupil  in  the  school  taught  by  him. 

The  dismissal  was  not  ordered  until  after  the  investi- 
gation convinced  the  directors  that  the  teacher  was  guilty 
of  cruelty, 

A  brought  suit  against  the  district  for  salary  as  teacher 
for  the  unexpired  term. 

In  reviewing  the  case,  Mr.  Justice  Clark  said,  in  part : 

u  The  board  of  school  directors  had  the  power  to  dis- 
miss this  teacher  for  incompetency,  cruelty,  negligence,  or 
immorality.  This  power  is  expressly  given  in  paragraph  V., 
section  23,  Act  of  May  8,  1854,  P.  L.  622,  and  was  reserved 
in  the  contract. 

"  As  a  deliberative  body,  a  board  of  school  directors  is 
entrusted  with  the  government  of  the  schools,  and  by  the 
statute  is  empowered  both  to  employ  teachers,  and  for  the 
causes  stated  to  dismiss  them.  The  board,  therefore,  had 
jurisdiction,  under  the  statute,  to  pass  upon  any  charge  of 
this  character,  and  in  its  determination  was  held  merely  to 
the  exercise  of  good  faith,  and  was  answerable  only  for  an 
abuse  of  its  powers.  By  the  mere  fact  of  his  employment 
as  a  teacher,  the  plaintiff  submitted  himself  to  the  jurisdic- 
tion of  the  board  in  respect  of  the  matters  mentioned  in  the 
statute,  and  the  action  of  the  board,  if  it  be  entered  upon 
the  minutes  in  the  form  required  by  the  statute,  is  conclu- 
sive. But  the  action  of  the  board  in  effecting  the  dismissal 


40.     Whitehead  vs.  School  District,  145  Pa.  418,  1891. 

Custer  vs.  School  District,  12  Pa.  Superior  Ct.  102,  1899. 
McCrea  vs  School  District,  145  Pa.  550,  1891. 


268  COMMON   SCHOOL   LAW 

of  a  teacher  must  be  set  forth  upon  the  minutes,  as  required 
by  the  statute.  The  minutes  are,  therefore,  the  best  evi- 
dence of  the  teacher's  dismissal,  and  are  conclusive,  unless 
the  board  may  be  shown  to  have  acted  corruptly  or  in  bad 
faith,  and  to  have  clearly  abused  its  powers."4' 

Teachers  have  the  right  to  use  corporal  punishment. 

602.  This  is  an  application  for  the  discharge  of  the  de- 
fendants, who  are  teachers  in  one  of  our  public  schools,  who 
are  accused  with  an  assault  and  battery  by  the  unreasonable 
correction  of  one  of  their  pupils.  And  the  simple  question 
for  decision  is,  whether  from  the  facts  disclosed,  they  have 
been  guilty  of  a  violation  of  the  law. 

In  this  city  and  county,  where  we  are  annually  expend- 
ing nearly  $350,000.00  for  the  purpose  of  common  school 
education,  where  our  schools  number  more  than  50,000 
children,  with  the  appropriate  number  of  teachers  for  their 
instruction,  it  is  important  that  the  law  as  to  the  rights  of 
each,  should  be  correctly  understood;  and  as  it  is  feared  it 
is  not,  a  few  moments  will  be  occupied  in  giving  what  I 
conceive  to  be  the  settled  principles  of  the  common  law 
upon  this  subject. 

The  right  of  a  parent  to  correct  his  minor  child  is 
understood.  It  is  one  of  the  first  rules  in  our  domestic  re- 
lations ;  and  yet  it  is  equally  clear  that  the  parent  may  be 
held  responsible  for  the  cruel  or  barbarous  treatment  of  his 
child.  The  school  teacher,  while  a  child  is  placed  by  the 
parent  or  guardian  in  school,  or  under  charge  of  the  teacher, 
is  in  loco  parcntis,  and  can  exercise  the  same  authority  as 
the  parent,  and  is  responsible  in  the  same  manner,  and  the 
rules  of  law  which  are  applicable  to  the  parental  control,  are 
also  to  be  applied  to  the  school  teacher. 

An  able  and  accomplished  American  law  writer,  has  now 
given  us  a  plain  and  intelligent  rule,  which  I  will  quote  at 
length.  When  writing  upon  this  subject,  he  says  : 

"  The  parent  has  a  right  to  govern  his  minor  child,  and 
as  incident  to  this,  he  must  have  power  to  correct  him. 
The  maxim  is,  that  he  has  power  to  chastise  him  mod- 


41.     Whitehead  vs.  School  District,  145  Pa.  418,  1891. 


TEACHERS  369 

<erately.  The  exercise  of  this  power  must  be,  in  a  great 
measure,  discretion  ary.  He  may  so  chastise  his  child  as  to 
oe  liable  in  an  action  by  the  child  against  him  for  battery. 
The  child  has  rights  which  the  law  will  protect  against  the 
brutality  of  a  barbarous  parent.  I  apprehend,  however,  it 
is  a  point  of  some  difficulty  to  determine,  with  exact  pre- 
cision, when  a  parent  has  exceeded  the  bounds  of  modera- 
tion. That  correction  which  will  be  considered  by  some 
triers  as  unreasonable,  will  be  viewed  by  others  as  perfect- 
ly reasonable.  What  may  be  considered  by  some  as  venial 
folly,  to  which  none  or  very  little  correction  ought  to  be 
applied,  by  others  will  be  considered  as  an  offence  that  re- 
quires very  severe  treatment  The  parent  is  bound  to  cor- 
rect a  child  so  as  to  prevent  him  from  becoming  the  victim 
of  vicious  habits,  and  thereby  proving  a  nuisance  to  the 
community.  The  true  ground  on  which  this  ought  to  be 
placed,  I  apprehend  is,  that  the  parent  ought  to  be  consid- 
ered as  acting  in  a  judicial  capacity  when  he  corrects,  and, 
of  course,  not  liable  for  errors  of  opinion.  And  although 
the  punishment  should  appear  to  the  triers  to  be  unreason- 
ably severe,  and  in  no  measure  proportioned  to  the  offence, 
yet  if  it  should  also  appear  that  the  parent  acted  conscien- 
tiously and  from  motives  of  duty,  no  verdict  ought  to  be 
found  against  him. 

"  But  when  the  punishment  is,  in  their  opinion,  thus 
unreasonable,  and  it  appears  that  the  parent  acted  malo  an- 
imo,  from  wicked  motives,  under  the  influence  of  an  unso- 
cial heart,  he  ought  to  be  liable  to  damages.  For  error  of 
opinion  he  ought  to  be  excused,  but  for  malice  of  heart  he 
must  not  be  shielded  from  the  just  claims  of  the  child. 
Whether  there  was  malice  may  be  collected  from  the  cir- 
cumstances attending  the  punishment.  The  instrument 
used,  the  time  when,  the  place  where,  the  temper  of  heart 
exhibited  at  the  time,  may  all  unite  in  demonstrating  what 
the  motives  which  influenced  the  parent.  These  observa- 
tions are  equally  applicable  to  the  case  of  a  school  master, 
or  to  any  one  who  acts  in  loco  parentis."  Reves'  Domestic 
Relations  288  ;  I  Blackstone's.  Com.  58. 

To  the  doctrine  here  laid  down  we  entirely  assent,  for 


270  COMMON   SCHOOL   LAW 

it  is  unquestionably  the  law,  based  upon  the  soundest  prin- 
ciples which  control  civil  society. 

To  render  a  parent  liable  to  prosecution  by  his  minor 
child,  he  must  be  governed  by  motives  of  malice  or  wicked- 
ness. For  a  mere  error  of  judgment,  influenced,  perhaps, 
by  fond  parental  love  for  the  future  posterity  and  the  hap- 
piness of  his  child,  he  cannot  be  held  legally  liable.  The 
law  does  not  permit  a  court  to  invade  the  sanctuary  of  the 
domestic  circle  and  usurp  the  parental  authority  in  every 
family,  because  we  think  the  punishment  is  severe.  It  is 
only  when,  from  the  surrounding  facts  and  circumstances 
of  the  case  there  is  strong  reason  to  believe  that  the  parent 
has  been  actuated  by  bad  and  malevolent  motives,  using  his 
legal  parental  authority  for  the  gratification  of  a  mind  bent 
on  mischief,  that  the  law  has  given  the  court  the  right  to 
interpose  for  the  safety  and  protection  of  the  child.  Such 
is  the  rule  relative  to  the  school  teacher,  whom  the  parent, 
for  the  time  being,  had  placed  in  his  stead. 

Let  us,  then,  apply  the  rule  to  the  facts  of  the  present 
case.  What  is  there  in  this  case  which  shows  a  wicked  mo- 
tive or  malice  on  the  part  of  the  teacher  ?  Is  there  anything 
which  shows  even  passion  or  temper  ? 

The  child  has  played  truant.  It  was  arrested  by  the 
parent  and  sent  with  an  elder  sister  to  school ;  when  brought 
to  the  door  of  the  school  room,  she  refuses  to  go  in  ;  began 
to  show  great  violence  of  temper  and  rebellion  ;  an  assistant 
teacher  tries  to  soothe  the  child,  and  uses  persuasion  to  in- 
duce her  to  enter  the  school  room.  The  elder  sister  com- 
municates the  request  of  the  mother  that  the  child  be  taken 
to  school.  The  principal  teacher  then  comes  and  takes  the 
child  into  the  school  room,  when  the  spirit  of  rebellion 
continues,  manifested  by  screaming  and  jumping.  The 
teacher  talks  to  the  child,  urges  obedience  in  mildness,  then 
commands  it,  and  finally  threatens  chastisement;  but  all  this 
to  no  purpose.  Then  it  is  she  flogs  the  child  with  a  small 
rattan.  After  a  few  blows  she  stops,  reasons  with  the  child, 
but  exacts  obedience,  and  still  uses  persuasion.  The  child 
is  still  obstinate,  and  further  chastisement  is  inflicted,  till 
finally  the  obstinate  and  rebellious  spirit  is  conquered. 


TEACHERS  371 

What  is  there  in  this  w,hich  shows  malice  or  cruelty  on 
the  part  of  the  teacher?  What  is  there  in  the  language  of 
the  law  which  shows  a  "  wicked  motive  ?"  I  can  see  noth- 
ing. The  teacher  required  obedience  to  the  rules  of  the 
school  and  it  was  refused.  That  punishment  is  used  which 
she  thinks  is  best  calculated  to  produce  submission,  and  in 
the  manner  and  form  common  in  all  schools.  This  author- 
ity the  law  has  delegated  to  her,  and  for  the  exercise  of  it, 
although  we  might  differ  in  opinion  as  to  the  manner  in 
which  it  was  done,  at  least  the  court  will  not  punish  for  or 
correct  an  error  of  judgment.  But  from  the  facts  disclosed 
I  do  not  think  there  was  even  an  error  in  that  particular. 
She  entered  upon  the  performance  of  her  duty  with  moder- 
ation and  firmness,  as  well  as  a  determination  to  produce 
submission,  which  she  pursued  until  it  was  accomplished  by 
the  best  means  her  judgment  dictated..  In  this  we  think  she 
was  right.  Had  she  done  less,  the  directors  of  the  school 
might  with  propriety  have  thought  she  was  culpable  ;  and 
for  these  things  the  law  does  not  hold  her  responsible. 

But  it  has  been  said  there  were  marks  of  violence  on 
the  child  the  next  day,  caused  by  blows  from  the  rattan. 
But  this  is  but  a  slight  circumstance  to  show  the  motive. 
It  is  much  greater  evidence  of  the  obstinacy  and  persever- 
ance of  the  child.  The  instrument  employed  was  a  small 
smooth  rattan,  certainly  a  moderation  in  the  instrument 
used  in  these  days  of  improvement  in  education,  and  in 
most  that  is  useful  or  which  adds  to  the  comfort  of  man. 
For  many  of  us  can  well  recollect  when  the  birch  or  hickory 
stick,  with  some  rather  sharp  knots  thereon,  was  the  instru- 
ment of  flagellation,  and  our  parents  did  not  complain. 

To  hold  that  under  such  circumstances,  a  teacher  shall 
be  liaole  to  a  criminal  prosecution,  would  be  subversive  of 
all  government  and  order  in  our  schools.  Without  a  firm, 
controlling  power  is  exercised  by  school  teachers,  in  exact- 
ing obedience,  submission,  united  with  quiet  and  good  or- 
der in  their  schools,  the  public  money  is  worse  than  wasted. 
Obedience  to  parental  authority  should  be  taught  in  the 
family,  and  must  be  maintained  in  our  schools,  or  we  shall 
have  no  obedience  to  the  laws  of  our  government.  To  the 


COMMON   SCHOOL   LAW 

want  of  the  proper  exercise  of  strict  parental  control  among; 
a  large  class  of  citizens,  may  be  traced  in  a  great  degree, 
the  spirit  of  insubordination,  disobedience  of  law,  and  the 
outrage  upon  the  rights  of  others,  that  are  so  frequent 
among  us. 

Much  may  be  hoped  from  the  influence  of  our  public 
schools,  if  the  teachers  are  faithful  in  teaching  and  exacting; 
obedience  from  all  under  their  charge. 

The  character  and  interest  of  the ,  teacher,  combined 
with  the  refinement  which  education  gives  to  the  human 
mind  in  softening  the  heart,  like  paternal  love,  is  generally 
found  a  sufficient  protection  for  the  children.  But  if  these 
fail,  the  law  affords  ample  protection  against  cruelty  and 
oppression,  while  it  is  a  shield  to  those  who,  in  their 
sphere,  have,  as  in  this  case,  only  done  their  duty.  For  the 
reasons  given,  we  order  the  defendant  to  be  discharged.42 
Government  of  schools.  Corporal  punishment. 

603.  A,  a  school  teacher,  the  defendant  stands  charged 
in  the  bill  of  indictment  with  the  offence  of  assault  and  bat- 
tery. An  assault  is  an  attempt  or  offer  to  beat  another  with- 
out touching  him.  A  battery  is  defined  in  law  to  be  the 
unlawful  beating  of  another. 

It  is  conceded  that  the  teacher  took  this  boy  by  the 
coat  or  collar  and  made  an  effort  to  take  him  out  of  his  seat 
for  misbehavior  as  a  pupil  in  the  school.  Under  ordinary 
circumstances  this  would  be  a  battery,  but  by  reason  of  the 
fact  that  A  was  a  teacher  in  a  public  school  in  Marysville, 
he  had  a  right  not  only  to  place  his  hands  upon  his  pupils, 
but  to  punish  them  in  case  of  an  infraction  of  the  rules. 

This  punishment  that  the  law  allows  a  teacher  to  inflict 
upon  his  pupils  is  a  reasonable  punishment.  It  must  not 
be  cruel  or  oppressive  and  the  inquiry  to  which  your  atten- 
tion is  directed  is,  what  does  reasonable  punishment  mean  ? 
There  must  be  subordination  in  the  school  room.  The 
teacher  must  be  master.  In  order  to  control  the  school  he  is 
justified  in  using  as  much  force  as  is  necessary  to  subdue  re- 


42.     Commonwealth  vs.  Bryant,  5  Clark  78,  1873. 


TEACHERS  373 

fractory  pupils  and  enforce  all  such  rules  and  requirements 
as  he  may  see  fit  to  adopt  for  the  government  and  conduct  of 
the  school.  I  do  not  mean  brutal  or  cruel  force,  but  such  force 
as  is  commonly  used  in  schools  to  compel  the  obedience  of 
pupils.  Having  the  right  to  punish  to  secure  obedience 
he  is  not  required  to  weigh  the  strokes  he  inflicts  upon 
a  refractory  pupil  in  apothecary  scales.  He  may  only 
inflict  such  punishment  as  is  necessary  to  attain  the  end  in 
view,  to  wit:  The  subduing  of  the  pupil  who  is  refractory 
as  well  as  to  deter  disorderly  and  lawless  members  of  the 
school.  The  teacher  may  not  inflict  punishment  malic- 
iously, that  is,  out  of  spite,  hatred  or  ill  will,  nor  out  of  a 
mere  desire  to  inflict  pain  in  order  to  humiliate  a  pupil,  but 
his  right  to  inflict  punishment  to  secure  obedience  is  unques- 
tionable. 

It  is  unquestionable  in  this  case  that  the  boy  was  mis- 
behaving when  the  teacher  went  to  him.  Others  may  have 
misbehaved  at  the  same  time  and  place,  but  the  fact  that 
they  were  not  punished  by  the  teacher  is  no  reason  why  this 
boy  should  not  be  punished.  If  an  example  was  made  of 
one  boy  the  effect  of  that  example  would  probably  be  to  de- 
ter others  from  the  like  misconduct. 

Evidence  has  been  offered  to  show  that  this  boy  resisted 
the  teacher  by  grasping  the  desk  when  the  teacher  tried  to 
take  him  from  it.  It  was  the  duty  of  the  teacher  to  enforce 
obedience  and  subdue  the  boy.  If  in  the  course  of  his  re- 
sistance to  the  teacher  this  boy  received  an  abrasion  on  his 
elbow  and  lumps  on  his  head,  and  even  a  black  eye,  he 
might  have  avoided  these  injuries  by  a  compliance  with  the 
teacher's  demands. 

But  when  a  teacher  takes  charge  of  a  school  contain- 
ing boys  of  that  age,  it  is  his  duty  to  bring  them  up,  as 
nearly  as  he  can,  to  the  standard  which  they  themselves 
know — to  that  standard  expressed  by  the  boy,  that  they 
should  study  and  behave  themselves.  And  in  order  to 
secure  the  attention  of  pupils  to  their  studies  and  to  secure 
good  behavior  in '  the  school  it  becomes  the  duty  of  the 
teacher  to  inflict  such  punishment  as  is  necessary  to  accom- 
plish these  ends.  Teachers  must  secure  good  behavior  in 


2/4  COMMON  SCHOOL   LAW 

the  schools,  otherwise  our  whole  common  school  system  is 
a  failure  and  the  vast  sum  of  money,  that  the  American 
people  so  cheerfully  pay  for  the  education  of  their  youth, 
will  be  wasted.  For  this  reason  I  say  to  you  that  it  is  the 
duty  of  the  jury  to  sustain  a  teacher  in  all  proper  efforts  to 
attain  the  object  for  which  he  is  employed. 

I  can  conceive  how  two  courses  are  open  to  a  teacher. 
He  can,  if  he  pleases,  avoid  friction,  in  his  school  by  allow- 
ing the  pupils  to  do  as  they  please  and  draw  his  pay  and  go 
away  contented.  The  conscientious  teacher  will  not  do 
this,  but  he  will  attempt  to  bring  his  school  up  to  the  stand- 
ard that  is  expected  of  him.  He  will  attempt  to  secure  good 
order  in  the  school  and  attention  to  the  studies  in  which  the 
pupils  are  engaged.  That  is  his  duty,  and  a  teacher  who 
attempts  or  tries  to  perform  that  duty  deserves  not  only  the 
commendation  of  the  patrons  of  the  school  and  parents  of 
the  children,  but  the  support  of  a  traverse  jury  in  case  he  is 
wrongfully  accused  of  undue  severity  in  the  punishment  of 
a  pupil.  Therefore,  unless  this  teacher  acted  maliciously  or 
punished  the  boy  with  cruelty  or  from  wicked  motives  he 
should  be  acquitted.  If,  however,  you  believe  that  he  acted 
maliciously  toward  this  boy,  or  he  punished  him  with 
cruelty  or  from  wicked  motives,  then  you  can  convict 
him.43 
Offences  out  of  school. 

604.  The  jurisdiction  and  authority  of  the  teacher  over 
the  pupil  are  neither  limited  by  the  school  house  walls,  nor 
to  the  time  the  school  is  actually  in  session.  As  a  general 
rule,  in  all  matters  legitimately  connected  with  the  schools 
and  the  manners  and  morals  of  the  scholars,  the  teacher's 
jurisdiction,  conjointly  with  that  of  the  parent,  commences 
when  the  pupils  leave  the  parents'  roof  and  control  to  go  to 
school,  and  continue  until  their  return  from  school.  The 
teacher,  however,  is  not  responsible  for  the  misconduct  of 
pupils  on  the  way  to  and  from  school,  though  he  has  the 
right  to  punish  for  such  misconduct,  when  brought  to  his 
knowledge.44 


43.  Commonwealth  vs.  Ebert,  3  Pa.  J.  L.  Rep.  252,  1901. 

44.  School  Laws  and  Decisions,  page  153,  1903. 


TEACHERS  275 

Quo  warranto. 

605.  Right  to  office  of  school  teacher  must  be  settled 
by  quo  warranto,  not  by  mandamus.45 


45.     Commonwealth  vs.  Risser,  3  Pa.  Superior  Ct.  196,  1896. 


CHAPTER  XXIV. 

SECTARIANISM. 

PAGE 

606.  Appearances  of  sectarianism 276 

607.  Wearing  of  any  religious  dress  or  emblem  prohibited 276 

608.  Penalties  for  violation  of  provisions  of  this  act 276 

609.  Use  of  school  houses 277 

610.  Reading  of  the  Holy  Scriptures  is  not  sectarian  instruction 277 

Appearances  of  sectarianism. 

606.  Whereas,  It  is  important  that  all  appearances  of 
sectarianism  should  be  avoided  in  the  administration  of  the 
public  schools  of  this  Commonwealth.1 

Wearing  of  any  religious  dress  or  emblem  prohibited. 

607.  No  teacher  in  any  public  school  of  this  Common- 
wealth shall  wear  in  said  school  or  whilst  engaged  in  the 
performance  of  his  or  her  duty  as  such  teacher  any   dress, 
mark,  emblem   or  insignia  indicating  the  fact  that   such 
teacher  is  a  member  or   adherent  of  any  religious  order, 
sect  or  denomination.2 

Penalties  for  violation  of  provisions  of  this  act. 

608.  In  case  of  violation  of  the  provisions  of  the  first 
section  of  this  act  by  any  teacher  employed  in  any  of  the 
public   schools   of  this  Commonwealth,    notice    of  which 
having  been  previously  given  to  the  school  board  employing 
such  teacher  that  it  shall  be  the  duty  of  such  school  board 
to  permanently  suspend  such  teacher  for  employment  in 
such  school  for  the  term  of  one  year,  and  in  case  of  a  sec- 
ond offense  by  the  same  teacher  it  shall  be  the  duty  of 
said  school  board  to  permanently  disqualify  such   teacher 
from  teaching  in  said  school,  and  any  public  school  director 
failing  to  comply  with  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor  and  shall  be  punishable,  upon  con- 
viction of  the  first  offence,  by  a  fine  not  exceeding  one  hun- 
dred dollars,  and  in  case  of  a  second  conviction  or  the  vio- 
lation of  the  provisions  of  this  act,  the  offending  school  di- 
rector shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars  and  shall  be  deprived  of  his  or  her  office  as  a 


1.  Preamble  Act  June  27,  1895,  P.  1,.  395. 

2.  Act  June  27,  1895,  Sec.  i,  P.  L,.  395. 


SECTARIANISM  277 

public  school    director.     A    person   trras   twice  convicted 
shall  not  be  eligible  to  appointment  or  election  as  a  director 
of  any  public  school  in  this  state  within  the  period  of  five 
years  from  the  date  of  his  or  her  second  conviction,3 
Use  of  school  houses. 

609.  It  shall  be  lawful  for  school  boards  to  grant  the 
use  of  school  honses  for  lyceum  and  other  literary  purposes, 
non-sectarian,  in  their  respective  school  districts.4 
Reading  of  Holy  Scriptures  is  not  sectarian  instruction. 

610.  Judge  Edwards  said  :   It  is  worthy  of  comment 
and  reflects  creditably  upon  the  good  sense  of  the  people  of 
Pennsylvania  that,  although  our  common  school  system  has 
been  in  existence  for  many  years,  and  that,  as  a  general 
rule,  in  a  large  number  of  school  districts  throughout  the 
state,  portions  of  the  Holy  Scriptures  have  been  read  as  a 
part  of  the  daily  opening  exercises,  nobody  up  to  this  time 
has  taken  such  interest  in  the  question  as  to  secure  a  de- 
cision upon  it  from  our  court  of  last  resort.     Neither  have 
the  courts  of  common  pleas  been  called  upon  to  decide  the 
question,  as  far  as  we  can  ascertain,  except  in  one  instance 
viz.,  in  Mercer  County,  in  the  case  of  Hart  et  al.  vs.  The 
School  District,  &c.,  2  Laiic.  Law  Rev.  346,  in  which  the 
judge   writes  an  elaborate  opinion,  his  views   coinciding 
with  ours. 

Nevertheless,  a  case  of  this  kind  is  interesting  and  im- 
portant, especially  as  a  study  of  the  principles  of  govern- 
ment so  far  as  they  relate  to  the  individual  rights  of  citi- 
zens. The  questions  involved  have  produced  a  wide 
variance  of  opinions  among  learned  men.  Eminent  judges 
and  appellate  courts  have  reached  different  conclusions ; 
the  resources  of  ripe  scholarship,  with  the  keenest  logic  and 
the  most  elaborate  research,  have  been  displayed  and  used 
in  the  elucidation  of  these  questions. 

The  sections  of  the  constitution  which  the  plaintiff 
claims  are  being  violated  by  the  reading  of  the  Bible  in  the 
public  schools  are  the  following: 


3.  Act  June  27,  1895,  Sec.  2,  P.  L,.  395. 

4.  Act  April  u,  1901,  P.  L.  78. 


278  COMMON   SCHOOL   LAW 

Article  L,  Sec.  3. — All  men  have  a  natural  and  inde- 
feasible right  to  worship  Almighty  God  according  to  the 
dictates  of  their  own  consciences  ;  no  man  can  of  right  be 
compelled  to  attend,  erect  or  support  any  place  of  worship 
or  to  maintain  any  ministry  against  his  consent ;  no  hu- 
man authority  can  in  any  case  whatever  control  or  inter- 
fere with  the  rights  of  conscience ;  and  no  preference  shall 
ever  be  given  by  law  to  any  religious  establishments  or 
modes  of  worship. 

Article  X.,  Sec.  2. — No  money  raised  for  the  support 
of  the  public  schools  of  the  Commonwealth  shall  be  appro- 
priated to  or  used  for  the  support  of  any  sectarian  school. 

The  objections  may  be  thus  briefly  stated:  (i)  the  read- 
ing of  the  Bible  in  the  public  schools  is  in  violation  of  the 
rights  of  conscience  ;  (2)  it  involves  compulsory  support  of 
a  place  of  worship  ;  and  (3)  it  is  sectarian  instruction. 

We  shall  only  incidentally  discuss  the  first  and  second 
objections.  The  first  was  not  strenuously  urged  upon  us,  by 
counsel,  although  we  deem  it  worthy  of  great  consideration  ; 
and  the  second  is  untenable  on  any  reasonable  ground. 
The  third  is  the  objection  which  is  the  subject  of  the  most 
serious  contention.  We  shall  not  consider  these  objections 
seriatim,  but  shall  briefly  state  some  of  the  general  princi- 
ples which  underlie  and  ought  to  control  the  decision  of  the 
question  before  us  in  the  light  of  Pennsylvania  jurispru- 
dence. 

It  must  be  considered  that  Christianity,  which  is  the 
religion  of  the  Bible,  and  the  Bible  itself,  occupy  a  unique 
position  in  the  early  and  subsequent  history  of  Pennsylva- 
nia. In  the  year  1700  it  was  enacted  that  "  Whoever  shall 
speak  loosely  thereof  and  profanely  of  Almighty  God,  Christ 
Jesus,  the  Holy  Spirit,  or  Scriptures  of  Truth,  and  is  thereof 
legally  convicted,  shall  forfeit  and  pay  five  pounds  and  be 
imprisoned  for  five  days  in  the  house  of  correction." 

This  law  in  substance  is  in  force  to-day.  When  a 
case  involving  the  application  of  this  law  was  before  the 
Supreme  Court  in  1824,  Updegraph  vs.  Com.  u  S.  &  R. 
393,  it  was  then  declared  that  Christianity  is  part  of  the 
common  law  of  Pennsylvania,  and  that  to  maliciously  vilify 


SECTARIANISM  2J9 

the  Christian  religion  is  an  indictable  offence.  Justice  Dun- 
can says :  "  Christianity  was  one  of  the  considerations  of  the 
royal  charter  and  the  very  basis  of  its  great  founder,  Will- 
iam Penn;  not  Christianity  founded  on  any  particular  ten- 
ets ;  nor  Christianity  with  an  established  church  and  tithes 
and  spiritual  courts,  but  Christianity  with  liberty  of  con- 
science to  all  men.  William  Penu  and  Lord  Baltimore  were 
the  first  legislators  who  passed  laws  in  favor  of  liberty  of 
conscience,  for  before  that  period,  the  principle  of  liberty 
of  conscience  appeared  in  the  laws  of  no  people,  the  axioms 
of  no  government,  the  institutes  of  no  society,  and  scarcely 
in  the  temper  of  any  man.  Even  the  reformers  were  as 
furious  against  contumacious  errors  as  they  were  loud  in 
asserting  the  liberty  of  conscience.  And  to  the  wilds  of 
America,  peopled  by  a  stock  cut  off  by  persecution  from  a 
Christian  society,  does  Christianity  owe  true  freedom  of  re- 
ligious opinion  and  religious  worship  ....  Christianity  is 
part  of  the  common  law  of  this  state.  It  is  not  proclaimed 
by  the  commanding  voice  of  any  human  superior,  but  ex- 
pressed in  the  calm  and  mild  accents  of  customary  law.  Its 
foundations  are  broad  and  strong  and  deep ;  they  are  laid  in 
the  authority,  the  interest,  the  affection  of  the  people." 

This  broad  declaration  has  been  modified  in  subsequent 
cases.  We  shall  only  refer  to  a  few  of  them.  In  Harvey  vs. 
Boies  1829,  i  P.  &  W.  12,  Justice  Gibson  uses  this  language  : 
"Christianity  has  been  indefinitely  said  to  be  a  part  of  the 
law  of  the  land.  The  lawr  undoubtedly  avails  itself  of  the 
obligations  of  Christianity  as  instruments  to  accomplish  the 
purposes  of  justice  .....  Christianity  is  indeed,  recognized 
as  the  predominant  religion  of  the  country,  and  for  that 
reason  are  not  only  its  institutions,  but  the  feelings  of  its 
professors,  guarded  against  insult  from  reviling  or  scoffing 
at  its  doctrines  ;  so  far  it  is  the  subject  of  special  favor.  But 
further  the  law  does  not  protect  it." 

Again  in  Mohney  vs.  Cook  1855,  26  Pa.  342,  Justice 
Lowrie  says :  "  The  declaration  that  Christianity  is  part  of 
the  law  of  the  land,  is  a  sum  maty  description  of  an  existing 
and  very  obvious  condition  of  our  institutions.  We  are  a 
Christian  people,  in  so  far  as  we  have  entered  into  the  spirit 


280  COMMON   SCHOOL   LAW 

of  Christian  institutions  and  become  imbued  with  the  sen- 
timents and  principles  of  Christianity  ;  and  we  cannot  be 
imbued  with  them  and  yet  prevent  them  from  entering  into 
and  influencing,  more  or  less,  all  our  social  institutions, 
customs  and  relations,  as  well  as  all  our  individual  modes  of 
thinking  and  acting.  It  is  involved  in  our  social  nature, 
that  even  those  among  us  who  reject  Christianity,  cannot 
possibly  get  clear  of  its  influence  or  reject  those  sentiments, 
customs  and  principles  which  it  has  spread  among  the  people, 
so  that,  like  the  air  we  breathe,  they  have  become  the  common 
stock  of  the  whole  country  and  essential  elements  of  its  life- 
It  is  perfectly  natural,  therefore,  that  a  Christian  people 
should  have  laws  to  protect  their  day  of  rest  from  desecra- 
tion. Regarding  it  as  a  day  necessarily  and  divinely  set 
apart  for  rest  from  worldly  enjoyments  and  for  the  enjoyment 
of  spiritual  privileges,  it  is  simply  absurd  to  suppose  that 
they  would  leave  it  without  any  legislative  protection  from 
the  disorderly  and  the  immoral." 

Also,  in  Zeisweiss  vs.  James  1870,  63  Pa.  465,  Justice 
Sharswood  says,  u  It  is  in  entire  consistency  with  this 
sacred  guarantee  of  the  rights  of  conscience  and  religious 
liberty,  to  hold  that,  even  if  Christianity  is  no  part  of  the 
law  of  the  land,  it  is  the  popular  religion  of  the  country,  an 
insult  to  which  would  be  indictable  as  directly  tending  to 
disturb  the  public  peace.  The  laws  and  institutions  of  this 
state  are  built  on  the  foundation  of  reverence  for  Christian- 
ity. To  this  extent,  at  least,  it  must  certainly  be  consid- 
ered as  well  settled  that  the  religion  revealed  in  the  Bible  is 
not  to  be  openly  reviled,  ridiculed  or  blasphemed,  to  the 
annoyance  of  sincere  believers  who  compose  the  great  mass 
of  people  of  the  Commonwealth." 

There  are  numerous  other  cases  along  the  same  line 
which  could  be  cited.  However  far  one  case  may  modify 
the  other,  they  all  recognize  the  one  general  underlying 
principle  that  "  the  laws  and  institutions  of  this  state  are 
built  on  the  foundation  of  reverence  for  Christianity." 
Other  illustrations  of  this  principle  are  furnished  by  cus- 
toms, laws  and  decisions  relating  to  other  matters,  such  as 
the  opening  of  the  state  legislatures  and  congress  with 


SECTARIANISM  28 1 

prayer ;  the  custom,  not  now  compulsory,  of  swearing  by 
the  Holy  Book  ;  the  recognition  of  the  Christian  Sabbath 
to  the  exclusion  of  any  other ;  the  prohibition  of  worldly 
labor  on  the  Christian  Sabbath  ;  the  refusal  of  courts  to  ex- 
cuse jurors  and  parties  from  attendance  on  days  by  them  con- 
sidered sacred  ;  the  making  of  Good  Friday  a  legal  holiday  ; 
the  exemption  of  church  property  from  taxation ;  the  various 
forms  of  oaths  administered  in  courts,  and  many  other  such 
instances  of  the  recognition  of  Christianity  in  our  jurispru- 
dence which  do  not  now  occur  to  us.  And  in  a  state  where 
Christianity  seems  to  pervade  its  laws,  customs,  and  institu- 
tions, to  such  a  universal  extent,  can  it  be  said  for  a  mo- 
ment, that  the  reading  of  the  Bible  in  the  public  schools, 
without  comment,  is  sectarian  instruction,  or^  that  such  an 
act  violates  the  rights  of  conscience  or  is  in  derogation  of 
any  constitutional  principle  ?  We  decidedly  think  not. 

We  do  not  understand  how  the  reading  of  the  Bible  in 
the  public  schools  can  be  termed  sectarian  instruction.  The 
Bible  is  not  a  sectarian  book.  On  its  broad  foundation 
Christianity  rests.  Without  it  there  is  no  Christianity. 
This  proposition  is  recognized  by  every  division  of  Chris- 
tendom throughout  the  whole  world.  It  is  not  the  book 
of  any  sect.  Our  attention  is  called  to  the  fact  that  there 
are  two  versions  of  the  Holy  Scriptures,  the  Douay  and 
the  King  James  version,  and  that  they  differ  in  many  partic- 
ulars. The  study  of  these  differences  is  interesting  to  the 
theologian  and  the  Bible  scholar.  We  have  noted  over 
fifty  points  of  difference,  some  minor  and  some  important, 
but  they  do  not  concern  us.  The  Bible  in  either  version  is 
substantially  and  essentially  the  same  book.  The  following 
definition  of  the  word  sect,  taken  from  the  Standard  Dic- 
tionary is  as  good  as  any  we  have  seen:  ''A  body  of  persons 
distinguished  by  peculiarities  of  faith  and  practice  from 
other  bodies  adhering  to  the  same  general  system.  Spe- 
cifically, the  adherents  collectively  of  a  particular  creed  or 
confession;  a  denomination;  communion;  as  the  Presby- 
terian sect ;  the  various  sects  of  Jews,  Mohammedans  or 
Christians." 


282  COMMON   SCHOOL   LAW 

The  assertion  that  the  Bible,  in  either  version,  is  a  sec- 
tarian book,  borders  on  sacrilege,  and  this  phase  of  the  ques- 
tion deserves  no  further  consideration  at  our  hands. 

But  so  far  as  the  constitutional  provision  in  Pennsyl- 
vania on  this  branch  of  the  case  is  concerned,  it  differs  ma- 
terially from  the  provision  in  the  Wisconsin  constitution  ; 
the  Wisconsin  case  being  practically  the  sole  authority  re- 
ferred to  by  the  counsel  for  plaintiff.  Section  3  of  Article 
X.  of  the  Wisconsin  constitution,  is  as  follows  : 

"The  legislature  shall  provide  by  law  for  the  establish- 
ment of  district  schools and  no  sectarian  instruction 

shall  be  allowed  therein." 

The  provision  in  the  Pennsylvania  constitution  de- 
clares that  no.  money  shall  be  appropriated  to  or  used  for 
the  support  of  any  sectarian  school.  The  term  "  sectarian 
schools,"  in  Pennsylvania,  has  a  definite  meaning.  The 
history  and  development  of  the  educational  system,  as  well 
as  the  policy  of  the  state,  has  fixed  this  meaning  so  that 
there  is  no  doubt  about  it.  A  sectarian  school  is  a  school 
controlled  by  a  particular  denomination  or  sect.  To  such 
a  school  there  can  be  no  appropriation  of  public  money  by 
the  state.  And  yet  it  is  seriously  argued  that  the  reading 
of  the  Bible,  without  comment,  at  the  public  school  in 
Waverly,  as  a  part  of  the  opening  exercises,  is  in  violation 
of  this  provision  of  the  constitution  of  Pennsylvania.  The 
mere  statement  of  this  proposition  emphasizes  its  absurdity. 
But  we  do  not  base  our  conclusion  upon  this  contention. 
We  go  further,  and  say  that  the  reading  of  the  Bible,  as 
aforesaid,  would  not  be  sectarian  instruction  under  the 
clause  in  the  Wisconsin  constitution. 

The  reading  of  the  Bible  in  the  public  schools  may  also 
be  allowed,  and  even  commended,  from  a  standpoint  which 
does  not  involve  the  question  of  sectarian  instruction  nor 
the  rights  of  conscience.  It  is  conceded  by  men  of  all  creeds 
that  the  Bible  teaches  the  highest  morality.  In  this  con- 
nection we  cannot  do  better  than  quote  the  language  of 
Justice  Story,  in  the  celebrated  Girard  Will  Case,  2  How- 
ard, U.  S.  127  :  "  Why  may  not  the  Bible,  and  especially 
the  New  Testament,  without  note  or  comment,  be  read  and 


SECTARIANISM  283 

taught  as  a  divine  revelation  in  the  college — its  general  pre- 
cepts expounded,  its  evidence  explained,  and  its  glorious 
principles  of  morality  inculcated  ?  What  is  there  to  pre- 
vent a  work,  not  sectarian,  upon  the  general  evidences  of 
Christianity,  from  being  read  and  taught  in  the  college  by 
lay  teachers  ?  Certainly  there  is  nothing  in  the  will  that 
prescribes  such  studies.  Above  all,  the  testator  positively 
enjoins  '  that  all  the  instructors  and  teachers  in  the  college 
shall  take  pains  to  instill  into  the  minds  of  the  scholars  the 
purest  principles  of  morality,  so  that  on  their  entrance  into 
active  life  they  may,  from  inclination  and  habit,  evince  be- 
iievolence  towards  their  fellow  creatures,  and  a  love  of 
truth,  sobriety  and  industry,  adopting  at  the  same  time 
such  religious  tenets  as  their  matured  reason  may  enable 
them  to  prefer.'  Now,  it  may  well  be  asked,  what  is  there 
in  all  this  inconsistent  with  the  spirit  or  truth  of  Christian- 
ity? Are  not  these  truths  all  taught  by  Christianity, 
although  it  teaches  much  more  ?  Where  can  the  purest 
principles  of  morality  be  learned  so  clearly  or  so  perfectly  as 
from  the  New  Testament  ?  Where  are  benevolence,  the 
love  of  truth,  sobriety  and  industry  so  powerfully  and  irre- 
sistibly inculcated  as  in  the  sacred  volume?" 

The  principle  underlying  these  words  of  so  great  a 
jurist  as  Justice  Story  is  applicable  to  our  public  schools. 
Apart  from  religious  instruction,  it  must  be  admitted  that 
sound  morality  is  one  of  the  foundations  of  good  character. 
An  education  which  does  not  involve  the  inculcation  of 
moral  principles  is  incomplete.  And  why  cannot  the  com- 
mon precepts  of  morality  be  taught  by  the  reading  of  the 
Bible  better  than  in  any  other  way  ? 

It  is  instructive  in  this  connection  to  examine  the 
opinion  in  the  Wisconsin  case,  76  Wis.  177.  Although 
against  the  reading  of  the  Bible  in  the  public  schools,  the 
judge  who  writes  the  opinion  admits  the  position  we  have 
taken  in  these  words :  "  It  should  be  observed,  in  this  con- 
nection, that  the  above  views  do  not,  as  counsel  seemed  to 
think  they  may,  banish  from  the  district  schools  such  text- 
books as  are  founded  upon  the  fundamental  teachings  of 
the  Bible,  or  which  contain  extracts  therefrom.  Such 


284  COMMON   SCHOOL. LAW 

teachings  and  extracts  pervade  and  ornament  our  secular 
literature,  and  are  important  elements  in  its  value  and  use- 
fulness. Such  text-books  are  in  the  schools  for  secular  in- 
struction, and  rightly  so  ;  and  the  constitutional  prohibi- 
tion of  sectarian  instruction  does  not  include  them,  even 
though  they  may  contain  passages  from  which  some  infer- 
ences of  sectarian  doctrine  might  possibly  be  drawn.  Fur- 
thermore there  is  much  in  the  Bible  which  cannot  justly  be 
characterized  as  sectarian.  There  can  be  no  valid  objection 
to  the  use  of  such  matter  in  the  secular  instructions  of  the 
pupils.  Much  of  it  has  great  historical  and  literary  value, 
which  may  be  thus  utilized  without  violating  the  constitu- 
tional prohibition.  It  may  also  be  used  to  inculcate  good 
morals — that  is,  our  duties  to  each  other — which  may  and 
ought  to  be  inculcated  by  the  district  schools.  No  more 
complete  code  of  morals  exists  than  is  contained  in  the 
New  Testament,  which  reaffirms  and  emphasizes  the  moral 
obligations  laid  down  in  the  Ten  Commandments.  Con- 
cerning the  fundamental  principles  of  moral  ethics,  the  re- 
ligious sects  do  not  disagree." 

As  to  the  weight  of  authority  in  America  there  is  no 
question.  The  only  decision  directly  holding  the  practice 
of  reading  the  Bible  in  the  public  schools  to  be  unconstitu- 
tional is  the  Wisconsin  case  already  referred  to.  The  Amer- 
ican Encyclopedia  of  Law,  Vol.  21,  page  775,  says  :  "The 
practice  of  opening  school  exercises  by  reading  from  the 
Scriptures  has  been  attacked  as  sectarianism.  Generally, 
however,  the  constitutionality  of  the  practice  has  been  up- 
held." In  Maine,  it  was  held  in  Donahoe  vs.  Richards,  38 
Me.  379,  that  a  requirement  by  the  superintending  com- 
mittee that  the  King  James  version  of  the  Bible  should  be 
read  in  the  public  schools  was  in  violation  of  no  constitu- 
tional provision  and  binding  upon  all  members  of  the 
school,  though  composed  of  divers  religious  sects.  In  Mas- 
sachusetts it  was  decided  in  Spiller  vs.  Woburn,  12  Allen, 
127,  that  the  committee  might  require  the  schools  to  be 
opened  each  morning  with  reading  from  the  Bible  and  with 
prayer.  In  Illinois  and  Nevada  a  similar  view  was  taken. 
In  Iowa,  Moore  vs.  Monroe  64  Iowa,  367,  it  was  held  that 


SECTARIANISM  285 

a  statute  providing  that  the  Bible  should  not  be  excluded 
from  the  schools  was  constitutional.  But  the  court  left  the 
use  of  the  Bible  in  the  school  to  the  option  of  the  teachers, 
restricted  only  by  the  provision  that  no  pupil  should  be  requir- 
ed to  read  it  contrary  to  the  wishes  of  his  parents  or  guar- 
dians. In  Ohio,  in  a  case  that  was  argued  in  the  court  be- 
low with  more  learning  and  more  elaborately  than  any  case 
on  the  same  question  in  any  other  forum  (Board  of  Educa- 
tion vs.  Minor,  23  Ohio  211),  the  higher  court  refused  to 
decide  the  constitutionality  of  the  rule  requiring  the  Bible 
to  be  read  in  the  schools,  lodging  the  decision  of  the  ques- 
tion in  the  board  of  education,  to  whom  the  legislature  had 
committed  the  exclusive  management  of  the  schools.  Thus 
it  will  be  seen  that  if  the  question  before  us  is  to  be  de- 
cided by  the  weight  of  authority,  as  expressed  in  the  de- 
cision of  the  various  states,  there  being  only  one  common 
pleas  case  in  Pennsylvania,  it  must  be  decided  in  favor  of 
the  defendants. 

The  argument  suggested  by  the  Iowa  and  Ohio  cases 
is  worthy  of  serious  consideration.  The  legislature  has  com- 
mitted the  management  of  the  public  schools  to  boards  of 
control  or  boards  of  school  directors.  In  conjunction  with 
the  teachers,  they  decide  what  books  shall  be  used  in  the 
schools.  Why  cannot  the  question  of  reading  the  Bible  in 
the  public  schools,  as  a  part  of  the  opening  exercises,  be  left 
to  them?  This  is  where  the  question  has  been  practically 
since  the  common  school  system  was  established  in  Penn- 
sylvania. In  some  schools  the  Bible  is  read ;  in  others  it 
is  not.  There  is  no  law  requiring  it ;  there  is  no  law  pro- 
hibiting it.  If  it  is  read,  the  constitution  is  not  disturbed  ; 
if  a  board  should  decide  that  it  shall  not  be  read,  why  is  not 
such  action  within  its  discretion  ?  We  are  not  deciding 
the  case  at  bar  upon  the  basis  suggested  by  this  argument, 
but  we  can  easily  see  how,  upon  this  basis,  and  upon  this 
alone,  the  court  of  last  resort  may  finally  dispose  of  the 
question. 

Now,  therefore,  the  above  case  having  been  fully  heard 
in  open  court  and  argued  by  counsel,  it  is  ordered  and 
decreed  that  the  bill  of  complaint  in  said  case  be  dismissed 
at  the  costs  of  the  plaintiff,  and  that  the  injunction  hereto- 
fore granted  be  dissolved.5 

5.     Stevenson  vs.  Hanyon,  7  D.  R.  585,  1898. 


CHAPTER  XXV. 

PUBLIC  HEALTH  ACTS. 

PAGE 

6 1 1.  Certain  children  not  allowed  to  attend  school  in  the  several 

municipalities  of  this  Commonwealth 286 

612.  Period  of  exclusion.     Purpose  of  physician's  certificate 287 

613.  Duty  of  principal  of  schools 287 

614.  Right  of  teachers  to  exclude  pupils  for  failure  to  be  vaccinated  287 
615      Physician's   certificate  of   vaccination  or  of   small-pox   under 

Sec.  12,  Act  of  June  18,  1895  288 

616.  Pupils  must  present  certificate  of  vaccination 289 

617.  Registry 294 

618.  Duty  of  health  officers 294 

619.  Penalty 295 

620.  Fine  and  imprisonment 295 

621.  Act  includes  townships 295 

622.  The  Act  of  June  18,  1895,  P.  L-  203,  is  a  valid  exercise  of   the 

police  power  of  the  state 295 

623.  Township  school   board   to  exercise   the   power  of   board   of 

health.     Power  to  make  rules  and  regulations 300 

624.  Abatement  of  nuisances 300 

625.  Sanitary  agent 300 

626.  Duties  of  school  directors, 301 

627.  School  directors  may  be  compelled  to  organize  as  a  board  of 

health 302 

628.  Right  of  school  directors  to  exclude  pupils  for  failure  to  be 

vaccinated ,  302 

629.  School  district  not  liable  for  the  employment  of  a  physician 

by  the  school  board  under  Act  of  1899 305 

630.  Conflicting  opinions  as  to  the  liability  of  school  district  under 

Act  of  1899 307 

631.  Liability  of   borough  for  expenses  incurred  by  the  local  board 

of  health  in  employing  a  physician  to  vaccinate  school  chil- 
dren.    Opinion  by  Hampton  L.  Carson,  Attorney-General...  308 

632.  School  board  should  adopt  rules 311 

633.  Appointment  of  sanitary  agent 312 

634.  Sanitary  regulations  of  school  or  college  buildings 313 

635.  School  directors,  trustees  and  others  having  control  of  school 

buildings  to  adopt  a  method  of  disinfection 313 

636.  Duty  to  disinfect 313 

637.  Approval  of  method  by  board  of  health 313 

638.  Not  to  interfere  with  school  session 314 

639.  Portion  of  appropriation  for  expenses 314 

640.  Fine  for  neglect 314 

Certain  children  not  allowed  to  attend  school  in  the  several  munic- 
ipalities of  this  Commonwealth. 

6 1 1.  No  child  or  other  person  belonging  to,  or  residing 
with  the  family  of  any  person  or  residing  in  the  same  house 
in  which  any  person  may  be  located  who  is  suffering  from 


PUBLIC   HEALTH  ACTS  287 

cholera,  small-pox  (variola  or  varioloid),  scarlet  fever,  typhus 
fever,  yellow  fever,  relapsing-  fever,  diphtheria,  diphtheritic 
croup,  membraneous  croup  or  leprosy  shall  be  permitted  to 
attend  any  public,  private,  parochial,  Sunday  or  other  school 
in  said  municipalities,  and  all  school  principals,  Sunday- 
school  superintendents  or  other  persons  in  charge  of  such 
schools,  are  hereby  required  to  exclude  any  and  all  such 
children  and  persons  from  said  schools.1 
Period  of  exclusion.  Purpose  of  physician's  certificate. 

6 1 2.  Such  exclusion  to  continue  for  a  period  of  thirty 
days  following  the  discharge  by  recovery  or  death  of  the 
person   last  afflicted   in  said  house  or  family,  or  his  or  her 
removal  to  hospital,  and  the  thorough  disinfection  of  the 
premises,  and  all  such  children  or  other  persons  as  aforesaid, 
before  being  permitted   to  attend  or  return  to  school,  shall 
furnish  to  said  principal  or  other  person  in  charge  of  said 
schools  a  certificate  signed  by  the  medical  attendant  of  said 
children  or  persons,  or  by  a  physician  to  be  designated  by 
the  health  authorities  of  said  municipalites,  setting  forth 
that  the  thirty  days  mentioned  in  this  section  have  fully  ex- 
pired :    Provided  however,  That  the  health  authorities  may 
by  rule  or  regulation  provide  that  such  certificates  shall  only 
be  given  by  a  person  to  be  designated  by  said  authorities, 
and  in  such  case  no  other  certificate  shall  be  recognized.2 
Duty  of  principal  of  schools. 

613.  All  principals  or  other  perso'ns  in  charge  of  schools 
as  aforesaid  are  hereby  required   to  refuse  the  admission  of 
any  child  to  the  schools  under  their  charge  or  supervision, 
except  upon  a  certificate  signed  by  a  physician,  setting  forth 
that  such  child  has  been  successfully  vaccinated,  or  that  it 
has  previously  had  small-pox.3 

Right  of  teachers  to  exclude  pupils  for  failure  to  be  vaccinated. 

614.'  In  this  case  a  petition  was  presented  to  court  for 
a  mandamus  against  A,  principal  of  the  Keystone  Public 
School  in  the  city  of  Philadelphia,  to  compel  him  to  admit 


1.  Act  June  18,  1895,  Sec.  u,  P.  L.  203. 

2.  Act  June  18,  1895,  Sec.  n,  P.  L-  203. 

3.  Act  June  18,  1895,  Sec.  12,  P.  L.  203. 


288  COMMON   SCHOOL   LAW 

into  the  school  a  child  of  B,  a  girl  eight  years  of  age,  with- 
out being  first  vaccinated  as  required  by  the  Act  of  June  18, 
1895.  The  court  refused  the  mandamus  for  the  reason  that 
a  principal  of  the  public  school  in  the  exercise  of  a  sound 
discretion  may  exclude  pupils  who  have  not  been  vacci- 
nated.4 

Physician's  certificate  of  vaccination  or  of  small-pox  under  sec.  12, 
act  June  18,  1895. 

615.  The  certificate  required  by  the  act  is  "a  certificate 
signed  by  a  physician."  It  does  not  say  he  shall  be  a 
physician  of  the  highest  attainments  or  qualifications.  It 
is  fair  to  presume  that  the  act  contemplates  a  "  legally  qual- 
ified physician."  To  be  registered  he  must  be  a  legally 
qualified  physician  under  the  laws  of  the  Commonwealth. 
What  the  act  required  is  the  certificate  of  a  physician,  show- 
ing that  the  child  has  been  successfully  vaccinated  or  had 
small-pox.  It  does  not  prescribe  the  form  or  language  the 
certificate  shall  be  in. 

Undoubtedly  the  act  intends  that,  children  must  either 
have  been  "successfully  vaccinated"  or  have  "had  small- 
pox "  to  be  admitted  to  school. 

The  act  points  out  how  both  or  either  of  these  questions 
shall  be  determined,  namely,  by  the  certificate  of  a  physi- 
cian. It  does  not  make  school  boards  or  teachers  the  judges 
of  those  questions  of  medical  science.  The  power  to  decide 
those  questions  has  not  been  placed  with  them,  biit  where 
reason  and  common  sense  dictate  it  should  be  placed — with 
a  physician.  When  the  certificate  of  a  physician  is  produced 
to  either  fact,  that  fact  is  determined  for  the  purposes  of  the 
act.  It  is  not  required  that  all  the  physicians  in  a  place 
shall  unite  in  certifying  the  fact  or  that  no  physician  shall  be 
of  a  different  opinion.  It  is  not  required  that  the  school  au- 
thorities shall  be  satisfied  by  a  preponderance  of  medical  or 
other  evidence  of  the  fact  that  in  any  given  case  a  child  has 
had  small-pox.  The  act  never  contemplated  that  the  fact 
must  be  proved  to  the  satisfaction  of  the  school  board,  or  in 
any  other  way  than  by  the  certificate  of  a  physician.  The 


4.     Field  vs.  Robinson,  198  Pa.  638,  1901. 


PUBLIC   HEALTH  ACTS  289 

i 

duty  of  the  school  authorities  is  plain  ;  it  is  to  admit  when 
the  proper  certificate  is  offered.  It  is  not  to  speculate  as  to 
whether  or  not  the  physician  knew  what  he  was  about  or 
had  made  a  correct  diagnosis,  or  whether  he  stands  higher 
or  lower  in  ability  than  other  physicians,  or  whether  some 
other  physician  might  not  think  differently.  It  is  not  to 
get  the  opinion  of  other  physicians  or  make  inquiries  as  to 
whether  any  person  caught  small-pox  from  a  child,  or  to  do 
any  of  the  things  that  from  the  return  they  seem  to  suppose 
rested  upon  their  shoulders.  The  responsibility  rests  upon 
the  physician  and  not  upon  them. 

The  physician,  and  not  the  board  or  teachers,  is  the 
judge  of  these  matters,  but  we  think  it  is  the  province  of  the 
board  to  determine  whether  or  not  the  certificate  is  genuine 
or  fraudulent.5 

Pupils  must  present  certificate  of  vaccination. 

616.  The  children  of  A  have  been  pupils  in  the  public 
schools  of  the  Borough  of  Hummelstown,  Dauphin  County, 
Pa.,  until  November  lyth,  but  upon  that  day  they  were  re- 
fused admission  because  they  had  not  been  vaccinated. 
This  refusal  was  authorized  by  the  directors  and  is  still 
maintained  ;  the  present  proceeding  asks  us  to  declare  it  un- 
lawful. The  defendants  support  the  exclusion  by  showing 
the  following  facts:  Early  in  October  of  this  year  the  health 
board  of  the  borough  (appointed  in  pursuance  of  the  act  of 
1893,  P.  L.  44)  requested  their  attention  to  "that  part  of 
the  Compulsory  School  Law  pertaining  to  vaccination." 
This  reference  mistook  the  statute,  but  the  mistake  is  not 
important ;  every  one  concerned  has  understood  fully  that 
the  legislation  in  dispute  is  section  12  of  the  act  of  June 
18,  1895,  P.  L.  203.  Acting  upon  the  communication  of 
the  board  of  health,  the  defendants  passed  a  resolution,  of 
which  due  public  notice  was  given,  "  that  all  (pupils)  who 
had  not  already  been  vaccinated,  must  be  on  or  before  Oct. 
2oth,  in  accordance  with  the  school  laws."  The  date  was 
afterwards  extended  to  November  i6th.  The  plaintiff  de- 


Cousins  vs.  Burgle,  13  D.  R.  368,  1904. 
Commonwealth  vs.  Smith,  14  York  69,  1900. 


COMMON   SCHOOL   LAW 

« 
clined  to  have  his  children  vaccinated,  and  presented  them  at 

school  upon  November  rjth  without  a  certificate,  as  required 
by  the  section  just  referred  to,  setting  forth  that  they  had 
been  successfully  vaccinated  or  had  previously  had  small- 
pox. This  failure  to  obey  the  requirements  of  the  section, 
and  of  the  defendants'  resolution,  is  the  single  reason  why 
the  children  were  denied  admission. 

The  case  requires  the  court  to  determine  the  true  mean- 
ing of  the  section  in  dispute,  and  to  pass  upon  its  constitu- 
tionality. The  language  is  as  follows  :  ''  All  principals  or 
other  persons  in  charge  of  schools  as  aforesaid  are  hereby 
required  to  refuse  the  admission  of  any  child  to  the  schools 
under  their  charge  or  supervision,  except  upon  a  certificate 
signed  by  a  physician,  setting  forth  that  such  child  has  been 
successfully  vaccinated,  or  that  it  has  previously  had  the 
small-pox."  The  phrase,  "  schools  as  aforesaid,"  refers  to 
the  section  immediately  preceding,  and  includes  the  schools 
there  specified,  namely  :  "  any  public,  private  parochial, 
Sunday  or  other  school  in  said  municipalities."  The  plain- 
tiff bases  his  principal  argument  upon  this  phrase  in  section 
12,  and  insists  that  it  compels  us  to  construe  both  sections 
as  applying  to  the  same  condition  of  affairs.  We  think, 
however,  that  this  view  cannot  be  successfully  maintained. 
The  eleventh  section  deals  with  the  case  of  actual  attack  by 
certain  infectious  and  contagious  diseases — among  them  be- 
ing small-pox  ;  and  provides  that  no  child  belonging  to  a 
family  thus  afflicted,  or  living  in  the  same  house,  shall  be 
permitted  to  attend  any  of  the  schools  already  named  ;  ex- 
pressly requiring  "  all  school  principals,  Sunday  school 
superintendents,  or  other  persons  in  charge  of  such  schools, 

to  exclude  any  and  all  such  children from  said 

schools  "  for  a  certain  period.  The  whole  section  contem- 
plates complete  isolation  of  the  infected  house  and  family  ; 
a  measure  which  .is  now  everywhere  admitted  to  be  indis- 
pensable. Nevertheless  the  plaintiff  construes  section  12  to 
mean  that,  immediately  after  commanding  that  pupils  from 
infected  houses  must  be  absolutely  excluded  from  schools, 
the  legislature  proceeded  to  enact,  that  if  the  disease  is  small- 
pox the  children  of  the  family  may  come  to  school,  provided 


PUBLIC   HEALTH  ACTS  291 

a  physician  will  certify  that  they  have  been  successfully 
vaccinated  or  have  previously  had  small-pox.  In  our  opinion 
this  construction  must  certainly  be  rejected.  It  is  clear, 
that  a  vaccinated  child  coming  from  an  infected  house  would 
be  as  likely  to  carry  the  disease  to  its  associates  as. a  child 
not  vaccinated ;  and  thus  the  legislature  would  in  one  breath 
be  taking  precautions  against  contagion,  and  in  the  next 
breath  would  probably  be  rendering  its  precautions  useless. 

The  natural  construction  of  the  section  avoids  this 
serious  difficulty.  Apparently,  the  legislature  has  passed 
from  the  case  of  an  actual  attack  by  contagious  disease,  and 
is  now  considering  how  an  attack  may  be  prevented.  In 
the  present  state  of  medical  science,  small-pox  is  the  only 
disease  whose  attack  may  be  prevented  with  reasonable  cer- 
tainty, and  therefore  no  other  disease  is  named.  It  is  not 
isolation  that  is  now  in  mind,  but  the  prevention  of  a  par- 
ticular disease  ;  and  for  this  purpose  the  legislature  regards 
it  as  desirable  that  vaccination  among  the  children  of  school 
age  should  be  nearly  universal.  To  furnish  parents  with  a 
strong  motive  to  submit  to  this  view,  the  act  requires  all 
principals  or  persons  in  charge  of  schools  to  exclude  chil- 
dren, unless  a  physician  certifies  that  they  have  been  suc- 
cessfully vaccinated  or  have  previously  had  small-pox.  This 
is  the  natural  meaning  of  the  words  used  ;  and  in  accord- 
ance with  established  rules  of  construction,  this  is  the  mean- 
ing they  must  be  held  to  bear. 

The  remaining  question  is,  whether  this  section  is  con- 
stitutional. It  was  objected  to  as  invalid  because  it  is  not 
covered  by  the  title  of  the  act ;  but  the  objection  was  not 
strongly  urged,  and  need  not  be  discussed.  The  title  is : 
"An  act  to  provide  for  the  effectual  protection  of  the  public 
health  in  the  several  municipalities  of  this  Commonwealth." 
Certainly  one  of  th*e  most  obvious  means  of  protecting  the 
public  health  is  to  provide  against  the  introduction  of  dis- 
eases into  the  public  schools ;  and  the  next  step  in  the  train 
of  thought  leads  inevitably  to  vaccination-  No  other  con- 
stitutional objection  was  brought  forward  at  the  argument, 
and  none  has  since  suggested  itself.  The  subject  of  the  act 
is  within  the  police  power  of  the  legislature,  which  certainly 


292  COMMON   SCHOOL   LAW 

extends  to  the  care  of  the  public  health  ;  and  upon  well- 
settled  principles  the  sound  discretion  of  the  legislature  or- 
dinarily determines  conclusively  what  are  the  best  agencies 
and  the  most  appropriate  methods  of  carrying  out  its  will. 
The  limitations  of  this  rule  do  not  now  concern  us. 

Indeed,  the  case  seems  to  us  so  plain  that  argument  is 
difficult.  But  if  argument  is  needed,  it  may  be  found  by  ex- 
tending the  principles  of  Duffield  vs.Williamsport  School  Dis- 
trict, 162  Pa.  476.  (The  details  of  the  case  may  be  found  in 
Judge  Metzger's  opinions,  printed  in  the  Report  of  the  State 
Board  of  Health  for  1894,  at  pages  518  and  525.)  Mr.  Jus- 
tice Williams  there  states  lucidly  the  reasons  for  deciding 
that  school  directors  may  in  their  discretion  exclude  from 
the  public  schools  pupils  who  have  not  been  vaccinated. 
It  was  held  also  that,  whether  such  a  resolution  of  exclusion 
is  reasonable,  is  to  be  judged  in  the  first  instance  by  the 
school  directors  ;  and,  if  this  is  true  of  the  discretion  of 
school  directors,  with  much  stronger  reasons  must  it  be  true 
of  similar  action  by  the  ultimate  law-making  power  in  the 
state.  In  the  Williamsport  case  it  was  feared  that  small-pox 
was  about  to  invade  the  city ;  one  attack  was  reported  ;  and  the 
disease  existed  in  other  cities  and  towns  in  the  neighborhood. 
In  the  case  now  before  the  court,  counsel  have  agreed  that 
small-pox  is  not,  and  for  at  least  two  months  has  not  been, 
epidemic  in  the  Borough  of  Hummelstown  ;  but  no  further 
fact  upon  the  subject  appears  and  we  do  not  know  whether 
or  not  the  defendants'  resolution  was  passed  under  a  reason- 
able apprehension  of  danger.  Neither  do  we  consider  it  ma- 
terial to  inquire  further  into  the  matter  ;  in  our  opinion  the 
legislature  has  the  undoubted  power  to  require  vaccination 
as  a  condition  precedent  to  admission  into  the  public  schools ; 
and  if  this  be  true,  it  is  unimportant  whether  or  not  small- 
pox exists  in  the  municipality  when  the  pupil  seeks  to  be 
admitted.  The  public  schools  are  maintained  out  of  public 
funds  raised  by  taxation — a  very  large  contribution  being 
made  directly  out  of  the  state  treasury ;  and  it  is  clearly 
within  the  power  of  the  legislature,  as  representing  the 
Commonwealth,  to  declare  upon  what  terms  the  public 
bounty  is  to  be  enjoyed.  The  act  does  not  undertake  to 


PUBLIC   HEALTH  ACTS  293 

compel  vaccination,  and  therefore  the  questions  which  have 
been  considered  elsewhere  concerning  the  power  of  the  leg- 
islature over  the  human  body  do  not  now  arise.  The  right 
of  the  plaintiffs  children  to  attend  the  public  schools  is  not 
complete  until  they  have  complied  with  the  condition  which 
the  legislature  has  seen  fit  to  impose.  Without  the  certificate 
of  a  physician,  as  required  by  the  statute,  they  cannot  be 
admitted. 

It  was  also  argued  that  section  12  of  the  act  of  1895  is 
in  conflict  with  the  Compulsory  Education  Act  passed  in 
the  same  year  (P.  L,.  72).*  To  this  position  at  least  three 
answers  are  conceivable : 

First.  As  the  ages  of  the  plaintiffs  children  are  not 
averred  and  do  not  otherwise  appear,  the  court  does  not  know 
that  they  are  between  the  ages  of  eight  and  thirteen  years ; 
and  therefore,  as  the  Compulsory  Education  Act  only  im- 
plies to  children  between  these  ages,  the  question  suggested 
does  not  arise. 

Second.  If  the  Compulsory  Education  Act  and  the  sec- 
tion under  consideration  are  in  irreconcilable  conflict,  the 
former  statute  must  give  way,  because  it  was  passed  on  May 
1 6th  ;  while  the  Public  Health  Act  was  approved  on  June 
i8th,  and  being  the  later  statute,  must  be  enforced. 

Third.  The  Compulsory  Education  Act  provides  that 
children  maybe  excused  from  attendance  if  the  school  board 
of  the  district  receives  satisfactory  evidence  that  attendance 
is  prevented  by  mental  or  physical  or  other  urgent  reasons. 
It  might  therefore  be  held,  that  if  a  child  was  not  vaccinated 
and  was  therefore  refused  admission,  it  was  prevented  from 
attendance  by  a  physical  reason  ;  and  if  to  this  suggestion 
the  reply  should  be  made  that  the  parent  would  thus  be  able 
to  evade  the  Compulsory  Education  Act  by  refusing  to  vac- 
cinate his  children,  it  might  be  rejoined  that  if  such  evasion 
became  extensive  the  legislature  would  probably  be  forced 
to  deal  with  it  by  providing  for  compulsory  vaccination,  and 
the  question  would  then  fairly  arise  whether  the  legislature 


*  NOTE. — The  Act  of  May  16,  1895,  P.  L-  72  was  repealed  by  the  Act 
of  July  n,  1901,  P.  L.  658.  See  Supra  COMPULSORY  ATTEND- 
ANCE. Sees.  529-545- 


294  COMMON   SCHOOL   LAW 

possessed  the  constitutional  power  to  pass  such  a  statute. 
Of  these  three  answers,  we  accept  the  first  as  sufficient,  and 
express  no  opinion  concerning  the  other  two. 

So  far  as  we  know,  the  question  under  consideration 
has  not  been  heretofore  decided  in  this  Commonwealth, 
although  the  reasoning  of  Duffield's  case  points  strongly  to 
the  conclusion  we  have  reached.  In  the  State  of  California 
it  arose  several  years  ago,  and  was  also  decided  in  favor  of 
the  legislative  power:  Abeel  vs.  Clark,  84  Cal.  226.  Maine 
and  Massachusetts  have  statutes  similar  to  the  section  under 
consideration.6 

The  parents  of  a  child  who  is  refused  admission  to  the 
public  schools  because  they  cannot  produce  a  certificate  of 
vaccination  are  not  liable  to  the  penalty  provided  by  the 
compulsory  education  law.7 
Registry. 

617.  The  health  authorities  of  said  municipalities  shall 
furnish  to  principals  or  other   persons   in   charge  of  said 
schools,  and  to  physicians,  the  necessary  certificates  or  blanks 
for  the  uses  and  purposes  as  set  forth  and  required  in  sec- 
tions one,  eleven  and  twelve  of  this  act.     The  registry  of  said 
school  shall  exhibit  the  names  and  residences  of  all  children 
or  persons  admitted  or  rejected  for  reasons  set  forth  in  this 
act,  and  said  registry  shall  be  open  at  all  times  to  the  in- 
spection of  the  health  authorities.8 

Duty  of  health  officers. 

6 1 8.  It  shall  be  the  duty  of  the  health  authorities  in 
the  several  municipalities  as  aforesaid  to  furnish  daily,  by 
mail  or  otherwise,  to  principals  or  other  persons  in  charge 
of  said  schools,  a  printed  or  written  bulletin,  containing  the 
name,  location  and  disease  of  all  persons  suffering  from  chol- 
era, small-pox,  (variola  or  varioloid),  scarlet  fever,  typhus 
fever,  yellow  fever,  relapsing  fever,  diphtheria,  diphtheritic 
croup,  membraneous  croup  or  leprosy,  upon  receipt  by  them 
of  reports  of  such  cases  from  physicians  as  required  in  section 


6.  Nissley  vs.  Humtuelstown  Borough  School  District,  5  D.  R.  732,  1896. 

7.  Commonwealth  vs.  Bauman,  50  P.  L.  J.  109,  1902. 

8.  Act  June  18,  1895,  Sec.  13,  P.  L.  203. 


PUBLIC   HEALTH  ACTS  295 

one  of  this  act:  Provided,  That  the  health  authorities  of 
any  municipality  may,  in  lieu  of  the  daily  bulletin  herein 
required,  provide  that  a  notice  shall  be  given  to  the  school 
or  schools  attended  by  the  children  in  whose  home  or  resi- 
dence any  of  the  diseases  mentioned  in  this  section  exist,  and 
prescribe  the  form  of  said  notice.9 
Penalty. 

619.  Any  physician,  undertaker,  principal  of  a  school, 
superintendent  of  a  Sunday  school,  sexton,  janitor,  head  of 
a  family  or  any  other  person  or  persons  named  in  this  act, 
who  shall  fail,  neglect  or  refuse  to  comply  with,  or  who  shall 
violate  any  of  the  provisions  or  requirements  of  this  act, 
shall  for  every  such  offense,  upon  conviction  thereof  before 
any  mayor,  burgess,  alderman,  police  magistrate,  or  justice 
of  the  peace  of  the  municipality  in  which  said  offense  was 
committed,  be  liable  to  a  fine  or  penalty  therefor  of  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars.10 
Fine  and  imprisonment. 

620.  Said  fines  or  penalties  shall  be  paid  into  the  treas- 
ury of  said  municipality,  and  in  default  of  payment  thereof, 
such  person  or  persons  so  convicted  shall  undergo  an  im- 
prisonment in  the  jail  of  the  proper  county  for  a  period  not 
exceeding  sixty  days." 

Act  includes  townships. 

621.  The  act  of  June  18,  1895,  relating  to  vaccination 
of  school  children  applies  to  township  school  districts  and 
is  not  limited  to  cities  and  boroughs.     A  township  is  a  mu- 
nicipal corporation.12 

The  Act  of  June  18,  1895,  P.  L.  203  is  a  valid  exercise  of  the  police 
power  of  the  state. 

622.  Said  Mitchell,  C.  J.  : — The  substantial  question  in 
this  case  is  whether  the  act  of  June  18,  1895,  P-  L.  203,  re- 
quiring the  exclusion  from  the  public  schools  of  children 
who  have  not  been  vaccinated  is  a  valid  exercise  of  the  police 


9.  Act  June  18,  1895,  Sec.  14,  P.  L-  203. 

10.  Act  June  18,  1895,  Sec.  21,  P.  L>  203. 

ii  Act  June  18,  1895,  Sec.  21,  P.  L.  203. 

12.  Sprague  vs.  Baldwin,  18  Pa.  C.  C.  568,  1897. 


296  COMMON   SCHOOL   LAW 

power  of  the  state.  It  has  been  twice  so  decided  by  this 
court.  In  Duffield  vs.  School  District  of  Williamsport,  162 
Pa.  476,  a  similar  regulation  not  even  enacted  by  the  legis- 
lature but  enforced  by  the  school  directors  under  an  ordi- 
nance of  the  city  of  Williamsport  was  held  valid.  And  in 
Field  vs.  Robinson,  198  Pa.  638,  this  very  statute  of  1895 
was  held  constitutional.  It  appears  to  be  thought  that  be- 
cause the  decision  was  given  in  a  brief  opinion  per  curiam 
the  subject  was  not  fully  considered.  But  the  proper  in- 
ference is  precisely  the  reverse,  that  the  conclusion  was  so 
perfectly  clear  to  the  whole  court  that  it  did  not  require  any 
extended  argumentative  support. 

After  these  two  decisions  the  question  ought  to  have 
been  considered  as  closed.  But  we  have  it  raised  again  with 
small  variations  of  facts  and  considerations,  none  of  which 
are  at  all  material. 

On  the  constitutional  question  it  is  said  that  section  12 
of  the  act  contravenes  sections  7  and  8  of  article  3  of  the 
constitution  in  that  it  is  local  and  special  legislation,  regu- 
lating the  affairs  of  school  districts.  The  terms  of  the  act 
apply  expressly  to  the  "  several  municipalities  "  of  the  state, 
and  it  is  argued  that  they  do  not  include  school  districts  in 
townships,  and  therefore  make  an  unwarranted  distinction 
in  regard  to  such  districts.  Whether  townships  are  munici- 
palities within  the  intent  of  the  act  it  is  not  now  necessary 
to  consider.  Even  if  not,  the  separate  classification  of  school 
districts  in  cities  and  boroughs  with  reference  to  public 
health  where  population  is  dense  and  the  danger  of  conta- 
gion great,  would  not  be  unconstitutional.  Sugar  Notch 
Borough,  192  Pa.  349. 

But  the  act  is  in  no  proper  sense  a  regulation  of  school 
districts.  It  is  an  act  entitled  "  for  the  more  effectual  pro- 
tection of  the  public  health  in  the  several  municipalities  of 
the  Commonwealth  "  and  is  a  general  statute  on  that  sub- 
ject. What  bearing  it  has  on  schools  and  school  districts 
is  altogether  incidental  to  them  as  constituents  of  the  com- 
munity. The  constitutional  restrictions  on  special  legisla- 
tion apply  to  direct  legislation,  not  to  the  incidental  opera- 
tion of  statutes  constitutional  in  themselves  upon  other 


PUBLIC   HEALTH  ACTS  297 

subjects  than  those  with  which  they  directly  deal.  Sugar 
Notch  Borough,  192  Pa.  349. 

It  is  further  said  that  section  12  contravenes  section  i 
of  article  10  of  the  constitution,  requiring  the  maintenance 
of  an  efficient  system  of  public  schools  wherein  all  children 
above  the  age  of  six  years  may  be  educated.  It  is  sufficient 
to  say  that  this  article  like  all  others  must  be  construed  and 
applied  in  connection  with  other  fundamental  governmental 
powers.  The  schools  and  school  children,  important  as  they 
are,  are  only  fractions  of  the  community,  and  the  police 
power  of  the  Commonwealth  in  the  preservation  of  the  pub- 
lic health  must,  if  necessity  arises,  sacrifice  the  less  to  the 
greater  interest.  Salus  populi  supremo,  lex.  If  a  child 
manifestly  suffering  from  small-pox  in  its  contagious  stage 
should  be  excluded  from  school,  it  is  hardly  conceivable  that 
the  propriety  of  such  action  should  be  questioned.  At  what 
period  before  or  after  the  outbreak  of  the  disease  the  right 
of  exclusion  should  arise  is  a  legislative  not  a  judicial  ques- 
tion. As  said  by  our  late  brother,  Williams,  in  Duffield  vs. 
School  District,  162  Pa.  476,  already  cited,  "It  is  conceded 
that  the  board  might  rightfully  exdude  the  plaintiff's  son 
if  he  was  actually  sick  with,  or  just  recovering  from,  the 
small-pox.  Though  he  might  not  be  affected  by  it,  yet  if 
another  member  of  the  same  family  was,  the  right  to  exclude 
him  notwithstanding  he  might  be  in  perfect  health,  would 
be  conceded.  How  far  shall  this  right  to  exclude  one  for 
the  good  of  many  be  carried  ?  That  is  a  question  addressed 
to  the  official  discretion  of  the  proper  officers  ;  and  when 
that  discretion  is  honestly  and  impartially  exercised  the 
courts  will  not  interfere."  These  words,  it  should  be  re- 
membered, were  written  with  reference  to  authority  exercised 
under  a  city  ordinance,  and  a  fortiore  when  the  police  power 
of  the  state  intervenes  under  the  authority  of  a  statute  its 
directions  are  commands  that  may  not  be  disputed. 

It  is  further  argued  that  sections  n  and  12  of  the  act 
should  be  read  together,  and  the  right  under  section  12  to 
exclude  uiivaccinated  children  should  be  confined  to  the 
schools  in  the  districts  mentioned  in  section  n,  namely 
those  in  which  small-pox  is  actually  prevalent.  But  this  is 


298  COMMON   SCHOOL   LAW 

manifestly  not  the  legislative  intent.  Section  u  deals  with 
a  present  and  immediate  danger,  with  persons,  dwellings 
and  places  where  the  disease  actually  prevails,  and  its  pro- 
hibition includes  adults  as  well  as  children,  vaccinated  or 
not.  Section  12  on  the  contrary  is  a  cautionary  and  pros- 
pective regulation,  having  in  view  not  the  actual  presence 
of  the  disease,  but  its  appearance  in  the  future.  The  ob- 
jects of  the  two  sections  are  distinctly  different. 

In  this  connection  the  learned  judge  below  found  as  a 
fact  "  that  there  is  not  at  the  time  of  the  filing  of  this  bill 
nor  has  there  been  for  a  period  of  about 'forty  years  any  per- 
son in  the  said  borough  of  Waynesboro  or  within  many 
miles  thereof,  suffering  from  small-pox  (variolo  or  vario- 
loid),"  and  it  is  argued  that  this  feature  distinguishes  the 
case  from  those  heretofore  decided  by  this  court.  But  the 
language  of  the  act  is  general  and  its  intent  plain.  The 
legislature  may  well  have  had  in  mind  that  the  good  for- 
tune of  such  a  community  may  not  continue  indefinitely. 
Immunity  for  forty  years  in  the  past  affords  no  guaranty 
of  immunity  for  even  forty  days  in  the  future  if  a  chance 
visitor  from  an  infected  locality  or  a  borough  resident  re- 
turning from  such  a  locality  should  bring  with  him  the 
germs  of  infection.  Section  12  is  precautionary  and  pre- 
ventive, and  it  is  an  old  and  sound  maxim  that  an  ounce  of 
prevention  is  worth  a  pound  of  cure. 

There  is  one  hardship  in  the  twelfth  section  that  may 
deserve  consideration  with  a  view  to  a  possible  remedy. 
The  court  below  found  as  a  fact  "  that  occasionally  it  is  be- 
yond the  power  of  children  of  school  age  as  well  as  adults 
to  be  vaccinated,  although  they  may  not  previously  have 
had  small-pox  nor  previously  been  vaccinated  ;  that  even 
repeated  attempts  to  perform  the  operation  of  vaccination 
upon  such  children  or  adults  is  without  effect  and  vaccina- 
tion will  not  take.  In  such  cases  vaccination  is  not  suc- 
cessful and  a  physician  cannot  certify  that  such  child  or 
adult  has  been  successfully  vaccinated."  The  health  au- 
thorities, state  or  local,  might  well  consider  whether  they 
have  power  to  make  a  regulation  as  to  what  should  be 
deemed  a  successful  vaccination  or  its  equivalent ;  whether 


PUBLIC   HEALTH  ACTS  299 

the  ratio  of  such  immune  children  is  of  sufficient  import- 
ance to  justify  the  exercise  of  such  power  if  possessed  ;  and 
whether  such  regulation  would  be  undesirable  as  affording 
opportunity  for  the  evasion  of  the  statute.  The  latter, 
however,  are  medical  and  administrative  rather  than  judi- 
cial questions. 

Lastly,  it  is  argued  that  construing  section  12  as  we 
have  done  it  authorizes  a  trespass  upon  the  reserved  rights 
of  the  individual  which  are  beyond  the  reach  of  even  the 
police  power.  Vaccination,  it  is  said,  is  the  infliction  of  a 
disease,  cow-pox,  on  the  subject  and  if  that  can  be  done  ir- 
respective of  his  consent  then  the  next  step  may  be  to  re- 
quire submission  to  inoculation  with  antitoxin  or  serum 
for  diphtheria,  tuberculosis,  cancer,  etc.,  and  we  have  rather 
a  dismal  picture  of  the  possible  consequences.  It  will  be 
time  enough  to  consider  such  matters  when  they  arise.  At 
present  the  vast  preponderance  of  opinion  among  intelligent 
and  educated  people,  under  the  guidance  of  the  best  med- 
ical authority  is  that  vaccination  is  a  highly  useful  amelior- 
ative if  not  always  a  preventive  of  one  of  the  greatest 
scourges  that  have  in  past  times  afflicted  humanity,  and 
that  the  regulation  of  it  by  statute  is  not  only  a  justifiable 
but  a  wise  and  beneficent  exertion  of  the  police  power  over 
the  public  health.  When  the  legislature  goes  beyond  that 
into  new  or  more  debatable  fields,  it  will  be  time  enough  to 
consider  the  limits  of  its  power. 

One  expression  in  the  opinion  of  the  court  below,  and 
in  some  of  the  cases  cited  in  the  argument  requires  a  pass- 
ing note.  The  act  is  not  a  penal  statute.  It  is  a  broad, 
general  act  relating  to  the  health  of  the  whole  population 
of  the  Commonwealth.  It  is  not  therefore  to  be  construed 
or  administered  by  the  rigid  technical  rules  applicable  to 
penal  laws,  but  fairly  according  to  its  intent,  neither  nar- 
rowing it  to  the  letter,  to  the  exclusion  of  cases  clearly 
within  such  intent,  nor  stretching  it  beyond  its  legitimate 
scope  to  cover  matters  not  clearly  meant  to  be  included.  It 
is  an  act  touching  very  closely  common  rights  and  privi- 
leges, and  therefore  specially  requiring  a  common  sense  ad- 
ministration. 


300  COMMON   SCHOOL   LAW 

Decree  affirmed.13 

Township  school  boards  to  exercise  the  power  of  board  of  health. 
Power  to  make  rules  and  regulations. 

623.  The  school  directors  in  each  township  of  the  state 
of  Pennsylvania  shall,  in  addition  to  the  powers  vested  in 
them  by  existing  laws,  have  full  power  and  authority  to 
make  and  enforce  all  needful  rules  and  regulations  to  pre- 
vent the  introduction  and  spread  of  contagions  or  infectious 
diseases,  by  the  'regulation    of    intercourse  with   infected 
places,  by  prohibiting  from  attending  any  public  school  any 
child  or  other  person  belonging  to  or  residing  with  the  family 
of  any  person,  or  residing  in  the  same  house,  in  which  any 
person  may  be  suffering  from  cholera,  small-pox  (variola, 
varioloid),    scarlet    fever,    typhus    fever,    yellow    fever,  re- 
lapsing fever,    diphtheria,    diphtheritic    croup    or    mem- 
braneous   croup,    or   any    other    contagious    disease  ;    and 
it  shall  be  the  duty  of  all  physicians  practicing  within  the 
several  townships  to  report  to  the  secretary  of  such  school 
board  the  names  and  residences  of  all  persons  coining  under 
their  professional  care,  afflicted  with  any  of  the  aforesaid 
contagious  or  infectious  diseases,  within  twenty-four  hours 
after  the  development  of  any  such  disease.'4 

Abatement  of  nuisances. 

624.  In  the  case  of  the  prevalence  of  any  contagious  or 
infectious  disease  in  any  township  of  this  Commonwealth, 
the  board  of  school  directors  of  such  township  shall  have 
power  by  themselves,  or  by  a  sanitary  agent  to  be  by  them 
appointed,  to  enter  at  any  time  upon  any  premises  in  the 
said  township  in  which  there  is  suspected  to  be  any  conta- 
gious or  infectious  disease,  or  nuisance  productive  of  such 
disease  or  detrimental  to  the  public  health,  for  the  purpose 
of  examining  the  said  premises  and  abating  any  nuisance 
found  thereon  detrimental  to  the  public  health.15 
Sanitary  agent. 

625.  Before  appointing  any  sanitary  agent  to  aid  in  en- 
forcing the  rules  and  regulations  of  the  board,  as  aforesaid, 

13.  Still  vs.  Reber  63  Jan.  Term,  Supreme  Court,  1906. 

14.  Act  April  ii,  1899,  Sec.  i,  P.  L>  38. 

15.  Act  April  ii,  1899,  Sec.  2,  P.  L.  38. 


PUBLIC   HEALTH  ACTS  301 

the  board  shall  make  application  to  the  court  of  common 
pleas  of  the  county  in  which  the  township  is  located,  or  to 
a  law -judge  thereof,  setting  forth  particularly  the  reasons 
which,  in  their  judgment,  make  the  appointment  of  such 
agent  necessary,  setting  forth  also  the  compensation  which 
the  board  deems  proper  to  pay  for  the  services  of  such  sani- 
tary agent,  and  if  the  said  court,  or  judge  thereof,  shall  ap- 
prove the  reasons  given  by  the  said  board  for  the  appointment 
of  such  sanitary  agent,  and  shall  also  approve  the  compen- 
sation deemed  proper  therefor,  said  board  shall  have  the 
authority  to  appoint  such  sanitary  agent  for  such  term  as 
may  be  designated  by  the  said  court  or  judge  thereof,  the 
said  compensation  to  be  paid  out  of  the  school  fund  of  the 
respective  townships.16 

Duties  of  school  directors. 

626.  Judge  O'Connor  said :  "  We  regard  the  act  of  April 
1 1,  1899,  as  mandatory  in  its  terms,  and  when  it  gives  power 
and  authority  to  the  school  boards  in  townships  of  the  state 
to  make  and  enforce  all  needful  rules  and  regulations  to  pre- 
vent the  introduction  and  spread  of  contagious  or  infectious 
diseases  by  the  regulation  of  intercourse  with  infected  places, 
by  prohibiting  from  attending  any  public  school  an}7  child 
or  person  belonging  to  or  residing  with  the  family  of  any 
person,  or  residing  in  the  same  house  in  which  any  person 
may  be  suffering  from  the  maladies  named,  among  which  is 
the  disease  known  as  the"  small-pox"  it  means  that  the  school 
board  shall  exercise  the  power  and  authority  so  given  and 
not  that  the  board  can  ignore  the  presence  of  such  diseases 
in  the  school  district  when  the  matter  has  once  been  brought 
to  the  directors'  notice. 

There  is  no  means  provided  by  the  act  for  the  raising 
of  any  specific  fund  out  of  which  extraordinary  expenses 
could  be  met,  but  a  fair  construction  of  this  act  of  assembly 
required  the  school  board  to  formally  adopt  rules  and  regu- 
lations much  after  the  practice  followed  by  boards  of  health. 
After  they  have  adopted  such  rules  and  regulations,  as  adopted 
by  the  board  after  the  manner  that  health  officers  in  various 


16.     Act  April  u,  1899,  Sec.  3,  P.  L.  38. 


302  COMMON   SCHOOL   LAW 

boroughs  and  cities  enforce  the  provisions  of  the  rules  and 
regulations  of  the  boards  of  health  appointing  them.17 

School  directors  may  be  compelled  to  organize  as  aboard  of  health. 

627.  A  writ  of  mandamus  will  lie  at  the  relation  of  the 
district  attorney  to  compel  the  directors  to  organize  as  a 
board  of  health  and  perform  the  duties  imposed  on  them. 
The  more  convenient  and  efficient  and  effective  way  for  a 
school  board  to  proceed  in  a  case  requiring  action,  is  to  or- 
ganize a  local  board  of  health   and  proceed  in  regular  and 
legal  course,  doing  nothing  in  the  premises  on  consultation 
not  had  together  at  a  regular  convened  meeting,  nor  as  in- 
dividuals.    All  must  be  done   by  action  of  the  board,  as- 
sembled according  to  legal  requirements.     Individual  acts, 
or  acts  of  one  or  more  members  of  the  board,  or  advice  and 
persuasion,  are  not  what  the  law  requires ;   but  deliberative 
and  rigorous  action  of  the  board  legally  convened  for  the 
purpose,  after  their  making  the  needful  rules  and  regulations 
for  the  prevention  of  the  spread  of  the  contagion,  is  imper- 
ative l8 

Right  of  school  directors  to  exclude  pupils  for  failure  to  be  vac- 
cinated. 

628.  The  facts  of  the  case  are  given  in  the  opinion  of 
the  Supreme  Court,  which  was  delivered  by   Mr.  Justice 
Williams,  as  follows  : 

The  plaintiff  seeks  to  compel  by  a  writ  of  mandamus 
the  admission  of  his  minor  son  to  the  common  school  of 
the  city  of  Williamsport.  The  board  of  school  directors  ad- 
mits that  the  child  is  of  proper  age,  is  in  good  health,  and 
possesses  the  qualifications  that  are  enumerated  in  the  gen- 
eral school  laws  as  those  that  entitle  him  to  admission. 
They  allege,  however,  that  he  is  excluded  because  of  non- 
compliance  with  a  regulation  adopted  in  the  exercise  of  a 
proper  measure  of  care  for  the  public  health.  The  facts  ap- 
pearing in  the  answer  are  substantially  as  follows  : 

First.  That  the  city  of  Williamsport  provided  by  an 
ordinance  adopted  in  1872  and  still  in  full  force  that  no 


17.  Croyle  Twp.  School  District,  29  Pa.  C.  C.  93,  1904. 

18.  Commonwealth  vs.  Conewago  School  District,  18  York  125,  1904. 


PUBLIC   HEALTH  ACTS  303 

pupil  "shall  be  permitted  to  attend  any  public  or  private 
school  in  said  city  without  a  certificate  of  a  practicing  phy- 
sician that  such  pupil  has  been  subjected  to  the  process  of 
vaccination."  Second.  That  small-pox  now  exists  in  Wil- 
liamsport  and  "is  and  has  been  epidemic  in  many  near-by 
cities  and  towns."  Third.  That  in  view  of  this  situation 
the  attention  of  the  school  board  was  drawn  to  the 
subject  by  a  communication  from  the  board  of  health  re- 
questing them  to  take  action  "to  the  effect  that  110  pupil 
shall  attend  the  schools  of  this  city  except  they  be  vacci- 
nated or  furnish  a  certificate  from  a  physician  that  such  vac- 
cination has  been  performed."  Fourth.  That  upon  con- 
sidering this  communication  "  and  from  the  general  alarm 
prevailing  in  the  city  over  the  report  that  a  case  of  small- 
pox was  in  the  city  "  they  adopted  a  resolution  in  conform- 
ity with  the  recommendation  of  the  board  of  health.  Fifth. 
That  this  resolution  is  not  enforced  against  those  not  at 
present  in  a  condition  to  undergo  vaccination  ;  and  as  to 
those  unable  to  bear  the  expense,  the  board  provide  vacci- 
nation without  charge. 

The  plaintiff  demurred  to  this  answer,  and  the  questions 
thus  raised  are  over  the  power  of  the  school  board  to  adopt 
reasonable  health  regulations  for  the  benefit  of  their  pupils 
and  the  general  public,  and  over  the  reasonableness  of  the 
particular  regulation  complained  of  in  this  case.  It  should  be 
borne  in  mind  that  there  is  no  effort  to  compel  vaccination. 
The  school  board  do  not  claim  that  they  can  compel  the  plain- 
tiff to  vaccinate  his  son.  They  claim  only  the  right  to  exclude 
from  the  schools  those  who  do  not  comply  with  such  regu- 
lations of  the  city  and  the  board  of  directors  as  have  been 
thought  necessary  to  preserve  the  public  health.  It  would 
not  be  doubted  that  the  directors  would  have  the  right  to 
close  the  schools  temporarily  during  the  prevalence  of  any 
serious  disease  of  an  infectious  or  contagious  character. 
This  would  be  a  refusal  of  admission  to  all  the  children  of  the 
district.  They  might  limit  the  exclusion  to  children  from 
infected  neighborhoods,  or  families  in  which  one  or  more  of 
the  members  was  suffering  from  the  disease.  For  the  same 
reason  they  may  exclude  such  children  as  decline  to  comply 


304  COMMON   SCHOOL   LAW 

with  requirements  looking  to  prevention  of  the  spread  of 
contagion,  provided  these  requirements  are  not  positively 
unreasonable  in  their  character. 

Is  the  regulation  now  under  consideration  a  reasonable 
one  ?  That  is  to  be  judged  of  in  the  first  instance  by  the 
city  authorities  and  the  school  board.  It  is  only  in  the  case 
of  an  abuse  of  discretionary  powers  that  the  court  will  un- 
dertake to  supervise  official  discretion.  Vaccination  may  be, 
or  may  not  be,  a  preventive  of  small-pox.  That  is  a  ques- 
tion about  which  medical .  men  differ  and  which  the  law 
affords  no  means  of  determining  in  a  summary  manner.  A 
decided  majority  of  the  medical  profession  believe  in  its  effi- 
cacy. The  municipal  regulations  of  many,  and  I  have  no 
doubt  of  most,  of  the  cities  of  this  state  and  country,  pro- 
vide for  it.  In  the  present  state  of  medical  knowledge  and 
public  opinion  upon  this  subject  it  would  be  impossible  for 
a  court  to  deny  that  there  is  reason  for  believing  in  the  im- 
portance of  vaccination  as  a  means  of  protection  from  the 
scourge  of  small-pox.  The  question  is  not  one  of  science 
in  a  case  like  the  present.  We  are  not  required  to  deter- 
mine judicially  whether  the  public  belief  in  the  efficacy  of 
vaccination  is  absolutely  right  or  not.  We  are  to  consider 
what  is  reasonable  in  view  of  the  present  state  of  medical 
knowledge  and  the  concurring  opinions  of  the  various 
boards  and  officers  charged  with  the  care  of  the  public  health. 
The  answers  of  the  city  and  the  school  board  show  the  belief 
of  the  proper  authorities  to  be  that  a  proper  regard  for  the 
public  health  and  for  the  children  in  the  public  schools,  re- 
quires the  adoption  of  the  regulation  complained  of.  They 
are  doing,  in  the  utmost  good  faith,  what  they  believe  it  is 
their  duty  to  do;  and  though  the  plaintiff  might  be  able  to 
demonstrate  by  the  highest  scientific  tests  that  they  are  mis- 
taken in  this  respect,  that  would  not  be  enough.  It  is  not 
an  error  in  judgment,  or  a  mistake  upon  some  abstruse  ques- 
tion of  medical  science,  but  an  abuse  of  discretionary  power, 
that  justifies  the  courts  in  interfering  with  the  conduct  of 
the  school  board  or  setting  aside  its  action.  It  is  conceded 
that  the  board  might  rightfully  exclude  the  plaintiff's  son 
if  he  was  actually  sick  with,  or  was  just  recovering  from, 


PUBLIC   HEALTH  ACTS  305 

the  small-pox.  Though  he  might  not  be  affected  by  it,  yet 
if  another  member  of  the  same  family  was,  the  right  to  ex- 
clude him,  notwithstanding  he  might 'be  in  perfect  health, 
would  be  conceded.  How  far  shall  this  right  to  exclude  one 
for  the  good  of  many  be  carried  ?  That  is  a  question  ad- 
dressed to  the  official  discretion  of  the  proper  officers  ;  and 
when  the  discretion  is  honestly  and  impartially  exercised 
the  courts  will  not  interfere.19 

School  district  not  liable  for  the  employment  of  a  physician  by  the 
school  board  under  act  of  1899. 

629.  The  school  board  quarantined  the  home  of  A.  for 
small-pox  and  B.,  the  physician,  rendered  medical  services 
and  charged  the  school  district  for  attendance,  although  the 
physician  admits  that  he  had  no  contract  with  the  school 
board  to  render  the  services,  but  claims  that  under  the  act 
of  1899  the  school  district  is  liable. 

The  court  said:  "It  is  well  settled  by  numerous  deci- 
sions of  our  courts  that  'school  districts  are  those  sub-divi- 
sions of  towns  or  townships  made  for  the  purpose  of  main- 
taining schools.  They  are  not  bodies  politic  or  corporate, 
with  the  general  powers  of  corporations,  but  may  be  consid- 
ered as  quasi-corporations  with  limited  powers  co-extensive 
with  duties  imposed  upon  them  by  statute  or  usage  and  there- 
fore the  strict  principles  of  law  respecting  corporations  can- 
not in  all  cases  be  applied  to  these  aggregate  bodies  created 
usually  by  statute.'  Even  if  the  plaintiff  had  shown 
a  contract  with  the  school  board  it  would  be  in- 
cumbent upon  him  to  show  that  the  board  had  authority 
to  make  such  a  contract.  He  relies  upon  the  act  of  April 
n,  1899,  P.  L.  38.  By  this  act  school  directors  of  the  sev- 
eral townships  are  empowered  to  exercise  the  powers  of  a 
board  of  health  in  the  township,  to  make  rules  and  regula- 
tions to  prevent  the  spread  of  contagious  or  infectious  dis- 
eases, and  to  appoint  and  fix  the  compensation  for  a  sani- 
tary agent.  By  section  2  of  said  act,  in  case  of  the  preva- 
lence of  any  contagious  or  infectious  disease  in  any  town- 


19.     Duffield  vs.  School  District,  162  Pa.  476,  1894. 

Gerhard  vs.  Packer  Township  School  District,  24  Pa.  C.  C.  339,  S. 
C.,  9  D.  R.  720,  1900. 


306  COMMON   SCHOOL   LAW 

ship,  the  board  of  school  directors  of  such  township  shall 
have  power  by  themselves  or  by  a  sanitary  agent  to  be  by 
them  appointed,  to  enter  upon  any  premises  in  said  town- 
ship in  which  there  is  suspected  to  be  any  contagious  or  in- 
fectious disease  or  nuisance  productive  of  such  disease  or 
detrimental  to  the  public  health,  for  the  purpose  of  exam- 
ining the  said  premises  and  abating  any  nuisance  found 
thereon  detrimental  to  the  public  health.  The  appoint- 
ment of  the  sanitary  agent  and  the  compensation  which  the 
board  deems  proper  for  his  services  must  both  be  approved 
by  the  court  of  common  pleas  of  the  county  in  which  the 
township  is  located,  or  by  a  judge  thereof,  otherwise  he 
could  not  legally  recover  any  compensation  from  the  school 
board.  Nowhere  in  the  act  are  school  directors  authorized 
to  appoint  any  other  agents  or  employ  any  person  to  perform 
any  services  excepting  that  of  a  sanitary  agent. 

"  There  is  no  act  of  assembly,  however,  which  would 
authorize  a  school  board  to  incur  any  expenditure  for  phy- 
sicians or  medical  attendance  of  the  family  quarantined, 
and  we  are  of  opinion  that  if  the  family  quarantined  is  not 
of  sufficient  ability  to  provide  food  and  medical  attendance 
that  it  would  be  the  duty  of  the  poor  authorities  to  make 
provision  for  such  expenditures.  If  the  person  quarantined 
was  ill  of  any  disease  not  contagious,  or  if  any  member  of 
the  family  was  in  need  of  the  services  of  a  physician,  and 
they  or  the  head  of  the  family  are  not  of  sufficient  ability  to 
pay  for  the  necessary  food  and  medical  attendance  during 
such  illness,  it  would  be  the  duty  of  the  poor  directors  to 
care  for  and  maintain  such  family  and  provide  the  necessary 
medical  attendance  or  services,  and  unquestionably,  if  such 
person  or  family  was  legally  put  upon  the  county  it  would 
be  a  neglect  of  official  duty  not  to  give  such  care  and  atten- 
tion. There  is  no  reason  why  the  same  rule  should  not 
apply  when  the  person  ill  and  needing  a  physician  is  suffer- 
ing from  a  disease  which  is  contagious,  unless  the  munici- 
pality is  made  liable  for  such  expenditures  by  law. 

"  In  the  case  of  boroughs  and  cities  the  statute  ex- 
pressly makes  them  liable  for  all  necessary  expenditures 
where  the  person  quarantined  is  not  of  sufficient  ability  to 


PUBLIC   HEALTH  ACTS  307 

pay  for  food  and  medical  attendance.  In  the  case  of  a  town- 
ship no  such  provision  is  made  by  statute,  and  the  failure 
of  the  legislature  to  make  such  provision  shows  a  clear  in- 
tention in  its  part  to  leave  such  liability  upon  the  poor  au- 
thorities. Unquestionably  if  there  was  no  provision  in  law 
for  the  maintenance  of  a  person  quarantined,  who  was  a 
pauper,  courts  would  impose  a  liability  upon  the  authority 
enforcing  the  quarantine,  but  that  would  be  done  not  by 
virtue  of  any  statute,  but  from  reasons  of  humanity.  The 
only  duty  imposed  by  statute  upon  a  school  board  is  to  en- 
force the  quarantine,  and  this  it  should  do  rigorously.  In 
case  the  person  quarantined  was  not  of  sufficient  ability  to 
provide  food  and  the  necessaries  of  life  and  medical  attend- 
ance the  poor  authorities  should  at  once  be  notified  and 
until  notified  the  board  make  all  needful  provision  for  the 
family.20 

Conflicting  opinions  as  to  the  liability  of  school   district  under 
act  of  1899. 

630.  Judge  Savidge  said:  "A  school  district  is  author- 
ized to  erect  and  furnish  a  hospital  for  the  care  of  small-pox 
patients  and  provide  the  necessary  supplies  for  the  occu- 
pancy thereof  and  a  doctor  to  attend  the  patients  at  a  fixed 
salary.  The  directors  of  the  poor  are  required  to  furnish 
medicine,  food  and  proyisions,  including  a  nurse  or  nurses 
and  a  cook."  2I 

Judge  Lindsey  holds  that  the  legislature  has  provided 
a  full  and  complete  method  or  means  to  suppress  contagious 
diseases  and  has  provided  for  the  health  and  sanitary  regu- 
lations of  the  people  not  only  in  incorporated  cities  and  bor- 
oughs, but  in  the  rural  districts.  This  system  is  complete 
in  itself.  The  power  vested  in  boards  of  health  to  quaran- 
tine families  and  to  provide  hospitals,  necessarily  implies  the 
right  to  maintain  and  support  those  families  during  the 
period  of  quarantine  and  while  they  are  in  the  control  of 


20.  Brown  vs.  West  Salem  School  Dist. ,  30  Pa.  C.  C.  124,  1904, 

21.  Coal  Township  School  Directors,  2  Pa.  J.  L,.  R.  237,  1904. 


308  COMMON   SCHOOL   LAW 

the  board  of  health.     This  system   is  complete  and  inde- 
pendent of  the  poor  laws  of  the  Commonwealth.22 

Liability  of  a  borough  for  expenses  incurred  by  the  local  board  of 
health  in  employing  a  physician  to  vaccinate  school  children. 
Opinion  by  Hampton  L.  Carson,  Attorney  General. 

631.  Samuel  G.  Dixon,  M.  D.,  Health  Commissioner. 
Sir:  ''  I  am  in  receipt  of  your  letter  of  the  24th  ult.,  re- 
ferring to  this  department  a  communication  from  J.  K.  L,. 
Mackey,  Health  Officer  of  the  borough  of  Shippensburg,  re- 
questing an  opinion  as  to  the  liability  of  the  borough  for 
payment  of  certain  expenses  incurred  by  the  local  Board  of 
Health  in  employing  a  physician  to  vaccinate  school  chil- 
dren whose  parents  were  too  poor  to  pay,  for  which  expenses 
the  Council  of  said  borough  refuses  to  make  appropriation. 

"  You  ask  me  the  question  :  Who  is  legally  responsible 
for  the  payment  of  bills  contracted  by  local  Boards  of  Health 
for  the  protection  of  the  health  of  the  community,  when  the 
Council  of  the  borough  refuses  to  pay  such  bills  or  allow  the 
board  a  sufficient  appropriation  to  meet  the  obligations  in- 
curred ?  The  facts  relating  to  the  communication  of  Mr. 
Mackey  raise  a  question  which  is  narrower  than  the  one 
put  in  your  letter  of  transmittal.  Mr.  Mackey's  case  is  that 
of  school  children  of  poor  parents,  vaccinated  by  the  phy- 
sician of  the  Health  Board  of  the  borough  by  direction  of 
the  board.  Your  question  would  involve  expenses  of  all 
kinds  incurred  in  the  protection  of  the  public  health,  of 
which  vaccination  might  be  but  a  single  item.  It  is  neces- 
sary to  discriminate  between  the  action  of  local  boards  and 
the  action  of  your  department." 

uThe  Act  of  May  n,  1893,  P.  L,.  44,  relates  to  the  or- 
ganization of  Boards  of  Health  in  boroughs,  and  in  Sec- 
tions 2  and  3  prescribes  the  duties  and  powers  of  such 
boards.  Substantially  they  are  the  same,  mutatis  mutandis, 
as  those  of  Boards  of  Health  in  cities  of  the  third  class, 
under  the  Act  of  May  23,  1889,  P.  L.  306.  It  is  provided 
that  all  fees,  which  shall  be  collected  or  received  by  the 


22.     In  re  Kibby  Family,  2  Pa.  J.  L.  R.  167,  S.  C.  12  D.  R.  527,  1904. 
Commonwealth  vs.  Guy,  13  D.  R.  213,  1904. 
Beaver  County  Commissioners,  14  D.  R.  491,  1904. 


PUBLIC   HEALTH  ACTS  309 

board  or  any  officer  thereof  in  his  official  capacity,  shall  be 
paid  over  into  the  borough  treasury  monthly,  together  with 
all  penalties  which  shall  be  recovered  for  the  violation  of 
any  regulation  of  the  board.  Section  4  of  the  Act  of  1 893 
defines  the  powers  and  duties  of  such  boards  with  regard  to 
infectious  diseases,  and,  inter  alia,  empowers  them  'to  en- 
force vaccination.'  The  context  leads  me  to  the  belief  that 
these  words  do  not  mean  compulsory  vaccination  in  a  gen- 
eral sense,  but  only  under  conditions  of  infection  and  con- 
tagion which  render  such  enforcement  necessary.  Section 
7  of  the  same  act  provides  that  '  it  shall  be  the  duty  of  the 
Board  of  Health  to  submit  annually  to  the  council  before 
the  commencement  of  the  fiscal  year  an  estimate  of  the 
probable  receipts  and  expenditures  of  the  board  during  the 
ensuing  year,  and  the  council  shall  then  proceed  to  make 
such  appropriation  therefor  as  they  shall  deem  necessary.'  " 

u  Under  provisions  of  this  act  it  is  within  the  discre- 
tion of  the  borough  council  to  fix  the  amount  of  an  appro- 
priation of  funds  to  meet  the  estimated  annual  expense  ac- 
count submitted  by  the  Board  of  Health  or  make  provision 
for  payment  of  bills  already  contracted  by  said  board.  I  am 
unable  to  find  any  other  Act  of  Assembly  which  defines  the 
extent  of  the  discretionary  power  of  council  with  regard  to 
expenses  contracted  by  Boards  of  Health,  nor  can  I  find  any 
decision  of  the  courts  under  this  act.  Neither  do  I  find  any 
act  of  assembly  which  in  terms  renders  the  borough  liable 
for  the  expense  of  vaccinating  school  children  whose  parents 
are  in  indigent  circumstances  and  unable  to  pay  for  the 
same,  where  the  borough  council  neglects,  or  refuses  to  ap- 
propriate the  necessary  funds  to  meet  such  expense." 

"  In  my  judgment,  if  it  should  be  shown  as  a  fact  that 
a  borough  had  received  funds  from  fines  and  penalties  which 
had  not  been  appropriated  to  the  support  of  the  Health 
Board,  and  if  it  should  be  further  shown  that  the  Health 
Board  had  submitted  an  annual  estimate  of  its  probable  re- 
ceipts and  expenditures,  then  it  would  become  the  duty  of 
the  councils  to  make  an  appropriation  or  at  least  show  rea- 
sonable cause  for  not  doing  so.  I  do  not  believe  that  the 
Borough  Council  can  arbitrarily  refuse  to  make  an  appro- 


310  COMMON   SCHOOL   LAW 

priation  or  successfully  shield  itself  behind  the  plea  that  the 
matter  is  entirely  within  its  uncontrolled  discretion.  The 
duty  of  making  an  appropriation  is  quite  clearly  stated  in 
the  act,  provided  the  reasonable  means  of  information  for 
the  intelligent  exercise  of  judgment  have  been  previously 
supplied." 

"  The  question  can  be  raised  by  mandamus  issued  at 
the  instance  of  the  borough  Board  of  Health  through  its  so- 
licitor, or  if  there  be  110  regular  solicitor,  a  solicitor  specially 
authorized  to  act  in  this  instance." 

"  Besides  this,  the  matter  could  also  be  tested  in  an 
action  of  assumpsit  by  the  doctor  against  the  borough  to  re- 
cover the  sum  of  money  due  him  for  services  rendered  at 
the  instance  of  the  Board  of  Health  of  the  borough,  relying 
upon  the  authority  of  the  following  cases :  Allegheny 
County  vs.  Watt,  3  Pa.  462  ;  Commonwealth  vs.  Harnian, 
4  Pa.  269  ;  County  of  Northampton  vs.  Innes,  26  Pa.  156  ; 
County  of  Allegheny  vs.  Shaw,  34  Pa.  301." 

"  I  am  not  advised  how  far  the  action  of  the  Health 
Board  in  the  borough  of  Shippensburg  was  caused  by  any 
action  of  yours,  or  whether  you  took  any  official  action  in 
the  premises.  The  Act  of  April  27,  1905,  P.  L.  312,  '  Cre- 
ating a  Department  of  Health  and  defining  its  powers  and 
duties,'  in  Section  8  provides  -that  '  it  shall  be  the  duty  of 
the  Commissioner  of  Health  to  protect  the  health  of  the 
people  of  the  state  and  to  determine  and  employ  the  most 
efficient  means  for  the  prevention  and  suppression  of  dis- 
ease, etc.'  In  Section  17  of  the  same  act  it  is  provided  that 
'  all  necessary  expenses  under  the  provisions  of  this  act, 
shall,  after  approval  in  writing  by  the  Governor  and  the 
Commissioner  of  Health,  be  paid  into  the  State  Treasury 
upon  the  warrant  of  the  Auditor  General  in  the  manner 
now  provided  by  law.'  If,  from  your  knowledge  of  the 
facts,  you  can  certify  that  the  expense  of  vaccinating  these 
school  children  in  Shippensburg  was  a  necessary  expense 
under  the  provisions  of  the  act  just  quoted,  the  local  phy- 
sician to  whom  the  debt  is  due,  can  be  paid  without  resort- 
ing to  mandamus  proceedings,  but  it  will  be  unnecessary 
for  me  to  point  out  to  you  the  danger  of  allowing  expenses, 


PUBLIC   HEALTH  ACTS  311 

which  ought  to  be  borne  locally,  to  be  paid  out  of  the  funds 
of  the  state." 

"  The  Governor  of  this  Commonwealth,  on  April  27, 
1905,  approved  an  act,  P.  L.  317,  '  to  establish  an  emergency 
fund  to  be  used  as  occasion  may  require  in  the  suppression 
of  epidemics,  prevention  of  disease,  and  protection  of  human 
life  in  time  of  epidemic  diseases  or  of  threatening  disease, 
and  making  appropriation  therefor."  It  is  quite  clear  that 
the  conditions  contemplated  by  this  act  were  those  of  such 
extraordinary  danger  to"  public  health  as  to  be  beyond  the 
ability  of  the  local  authorities  to  check  or  relieve.  Unless 
the  conditions  contemplated  by  this  act  existed  and  were 
made  manifest  in  the  manner  indicated  in  the  act,  I  cannot 
advise  you  that  the  expenses  of  vaccination  contracted  by 
the  Board  of  Health  in  the  borough  of  Shippensburg,  or  in 
any  other  borough,  are  payable  out  of  the  emergency  fund 
appropriated  by  the  Act  of  April  27,  1905." 

"  Under  the  Act  of  27th  of  April,  1905,  P.  L,.  312,  cre- 
ating your  department,  and  denning  its  powers,  it  is  clear 
that  the  rules  and  regulations  of  your  department  may  be 
promulgated  by  sending  printed  copies  to  all  local  Boards 
of  Health,  school  boards,  and  clerks  of  councils  of  cities  and 
boroughs,  and  the  rules  and  regulations  shall  be  printed  in 
circular  form  and  given  to  anyone  who  demands  them. 
The  i6th  Section  of  this  act  provides  that  every  person  who 
violates  any  order  or  regulation  of  the  Department  of 
Health,  or  who  resists  or  interferes  with  any  officer  or  agent 
thereof  in  the  performance  of  his  duties,  in  accordance  with 
the  regulations  and  orders  of  the  Department  of  Health,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  convic- 
tion thereof,  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  or  by  imprisonment  not  exceeding  one 
month  or  both  at  the  discretion  of  the  court." 
School  board  should  adopt  rules. 

632.  When  an  infectious  disease  is  prevalent  within  a 
school  district,  the  school  directors,  acting  as  a  Board  of 
Health,  have  the  authority  to  adopt  rules  and  regulations 
to  control  the  disease,  to  impose  a  penalty  for  the  violation 
of  those  rules,  and  to  maintain  an  action  for  the  penalty  ; 


312  COMMON   SCHOOL   LAW 

but  though  an  action  of  assumpsit  will  lie,  that  action  is  in 
the  nature  of  a  summary  conviction,  and  the  record  of  such 
an  action  before  a  justice  of  the  peace  must  show  sufficient 
to  give  jurisdiction,  and  should  disclose  every  fact  essential 
to  the  issue  :  i.  e.,  the  nature  of  the  rules  or  regulations, 
and  the  penalty  for  violation  thereof,  and  especially  the 
particular  rule  which  was  violated  and  the  amount  of  the 
penalty.*3 
Appointment  of  sanitary  agent. 

633.  Judge  White  said  : 

"  The  school  board  of  West  Wheatfield  Township  have 
presented  their  petition  for  the  approval  of  their  appoint- 
ment of  a  sanitary  agent  to  aid  in  enforcing  the  rules  and 
regulations  of  the  board.  This  application  is  made  under 
the  Act  of  April  u,  1899.  -This  is  the  first  application  of 
the  kind  that  has  been  made  to  this  court.  We  find  the  re- 
cital, '  being  notified  and  are  aware  of  the  typhoid  fever  in 
Garfield  and  vicinity  in  said  township,  and  in  our  judgment 
deem  it  necessary  that  immediate  steps  be  taken  to  have  said 
town  and  vicinity  put  in  proper  sanitary  condition,'  and 
thereupon  appoint  John  W.  Huston,  as  sanitary  agent,  to 
act  in  said  township  during  the  school  term  at  a  compensa- 
tion of  $1.50  per  day  for  the  time  actually  employed.  The 
act  requires  the  court  to  consider  the  matter  as  follows  : 
'  And  if  the  said  court,  or  judge  thereof,  shall  approve  the 
reasons  given  by  the  said  board  for  the  appointment  of  such 
sanitary  agent,  and  shall  also  approve  the  compensation 
deemed  proper  therefor,  said  board  shall  have  the  authority 
to  appoint  such  sanitary  agent  for  such  term  as  may  be  des- 
ignated by  the  said  court  or  judge  thereof,  the  said  compen- 
sation to  be  paid  out  of  the  school  fund  of  the  respective 
townships.'  We  have  nothing  before  us  but  the  petition  of 
the  school  board.  We  have  no  reason  to  doubt  the  accu- 
racy of  the  statements  and  request  of  the  school  board.  In  all 
such  applications  we  should  regard  the  statements  of  the 
school  board  as  prima  facia  correct,  and,  of  course,  their 


23.     Wayne  Twp.  School  Directors  vs.  Rosencrans,  30  Pa.  C.  C.  9,  1904. 


PUBLIC   HEALTH  ACTS  313 

suggestions  of  the  person  and  the  compensation  will  be  or- 
dinarily accepted  and  approved  by  the  court."  24 
Sanitary  regulations  of  school  or  college  buildings  in  cities. 

634.  Whereas,  infectious  and  contagious  diseases  are 
very  largely  disseminated  through  the  agency  of  the  schools, 
from  the  want  of  proper  disinfection  of  school  buildings,  the 
following  act  was  passed. 

School  directors,  trustees  and  others   having  control  of  school 
buildings  to  adopt  method  of  disinfection. 

635.  On  and  after  the  passage  of  this  act,  it  shall  be 
the  duty  of  the  board  of  school  directors,  trustees,  or  other 
person  or  persons  having  control  of  any  school  or  college 
building,  in  any  city  of  this  Commonwealth,  to  adopt  and 
immediately  put  into  operation  a  modern  method  and  sys- 
tem of  disinfection,  for  the  disinfection  of  such  school  or 
college  buildings.25 

Duty  to  disinfect. 

636.  It  shall  further  be  the  duty  of  such  board  of  school 
directors,  trustees,  or  other  person  or  persons  having  con- 
trol of  any  school  or  college  building  in  any   city  of  this 
Commonwealth,  at  regular  intervals  of  not  exceeding  two 
weeks,  to  cause  all  of  the  school  or  college  buildings  under 
their  control  to  be  thoroughly  disinfected,  by  means  of  the 
method  and  system  which  they  may  adopt  in  compliance 
with  Section  i  of  this  act.26 

Approval  of  method  by  board  of  health. 

637.  Whenever  there  exists  in  any  city  a  local  board  of 
health  for  such  city,  the  method  and  system  of  disinfection 
adopted  by  the  board  of  school  directors,  trustees,  or  other 
person  or  persons  having  control  of  any  school   or  college 
building  in    such   city,   shall  be  approved   by  such  local 
board  of  health  ;  in  any  city  where  no  such  local  board  of 
health  exists,  such  method  and  system  of  disinfection,  as 
aforesaid,  shall  be  approved  by  the  state  board  of  health  of 
this  state.27 


24.  West  Wheatfield  Township,  10  D.  R.  76,  1900. 

25.  Act  April  14,  1903,  Sec.  i,  P.  L.  172. 

26.  Act  April  14,  1903,  Sec.  2,  P.  L.  172. 

27.  Act  April  14,  1903,  Sec.  3,  P.  L.  172. 


314  COMMON   SCHOOL   LAW 

Not  to  interfere  with  school  session. 

638.  In  operating  such  methods  and  system  of  dis- 
infection, as  aforesaid,  the  person  or  persons  in  charge  of 
such  duty  shall,  as  far  as  practicable,  perform  such  duty  in 
such  manner  as  not  to  interfere  with  the  regular  school  ses- 
sions held  in  said  school  or  college  buildings,  and  it  shall 
not  be  necessary  under  this  act,  to  perform  such  duty  in  any 
school  or  college  building  which  is  not  used  and  occupied 
for  school  purposes.28 

Portion  of  appropriation  for  expenses. 

639.  In  order  to  fully  and  completely   carry  out  the 
provisions  of  this  act,  and  to  defray  the  expenses  necessary 
to  equip  and  put  into  operation  by  the  board  of  school  di- 
rectors, trustees,  or  other  person  or  persons  having  control 
of  any  public  or  high  school  of  this  state,  such  method  and 
system  of  disinfection,  as  aforesaid,  there  shall  be  set  aside 
by  such  school  directors,  trustees,  or  other  person  or  per- 
sons having  control  of  any  public  or  high  school  building, 
out  of  the  funds  biannually  appropriated  by  this  state,  under 
the  act  "  providing  method  of  distributing  the  appropria- 
tion to  common  schools,"  sufficient  money,  necessary  to  de- 
fray the  expenses  incident  thereto.29 

Fine  for  neglect. 

640.  Any  board  of  school  directors,  trustees,  or  other 
person  or  persons,  charged  under  this  act  with  the  enforce- 
ment of  any  of  its  provisions,  who  shall  neglect  to  properly 
enforce  the  same  shall,  upon  complaint  of  state  or  local 
board  of  health  to  the  court  of  common  pleas  of  the  proper 
county,  pay  a  fine  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars.30 


28.  Act  April  14,  1903,  Sec.  4,  P.  L.  172. 

29.  Act  April  14,  1903,  Sec.  5,  P.  L.  172. 

30.  Act  April  14,  1903,  Sec.  6,  P.  L.  172. 


CHAPTER  XXVL 
TEACHERS'  INSTITUTES. 

PAGE 

641.  Teachers'  county  institute.     Organization 315 

642.  Report  of  county  superintendent  on  attendance 315 

643.  Contribution  from  county  treasurer  to  county  institute 316 

644.  Penalty  of  teachers  for  non-attendance  316 

645.  Teacher's  condensation  for  attending  institute 316 

646.  School  district  liable  for  teacher's  compensation 317 

647.  Compensation  not  to  exceed  two  dollars  per  diem 317 

648.  Pay  of  teachers  while  attending  institute  under  act  of  1887 317 

649.  Institute  account? 318 

650.  Superintendent's  report  on  adjournment  to  superintendent  of 

common  schools 318 

651.  Superintendent's  report  to  school  directors 318 

652.  City  and  borough  teachers'  institute 319 

653.  City  or  borough  superintendent  may  call  a  teachers'  institute..  319 

654.  Committee  on  permanent  certificates 319 

655.  Time  for  holding  city  teachers'  institute 319 

Teachers'  county  institute.    Organization. 

641.  The  county  superintendent  of  each  county  in  this 
Commonwealth  is  hereby  authorized  and  required,  once  in 
each  year,  at  such   time  and  place  as  he,  or  a  properly  au- 
thorized committee  of  teachers,  acting  with  him,  may  deem 
most  convenient,  to  call  upon  and  invite  the  teachers  of  the 
common  ichools,  and  other  institutions  of  learning,  in  his 
county,  to  assemble  together,  and  organize  themselves  into 
a  teachers'  institute,  to  be  devoted  to  the  improvement  of 
teachers  in  the  science  and  art  of  education,  and  to  continue 
in  session  at  least  five  days,  including  a  half  day  for  going 
to,  and  a  half  day  for  returning  from,  the  place  of  meeting  ; 
said  institute  to  be  presided  over  by  the  county  superin- 
tendent, or  by  some  one  designated  by  him,  and  subject,  in 
its  general  management,  to  his  control.1 

Report  of  county  superintendent  on  attendance. 

642.  Each  county  superintendent,  upon  the  assembling 
of  the  teachers'  institute  of  his  county,  shall  cause  a  roll  of 
members  to  be  prepared,  which  roll  shall  be  called  at  least 
twice  every  day,  during  the  session  of  the  institute,  and  all 
absentees  carefully  marked,  and  from  which,  upon  the  ad- 
jorument  of  the  institute,  he  shall  ascertain  the  exact  num- 


i.     Act  April  9,  1867,  Sec.  2.  P.  L.  51. 


316  COMMON   SCHOOL   LAW 

her  of  teachers  who  were  in  attendance  and  the  length  of 

time  each  attended.2 

Contribution  from  county  treasurer  to  county  institute. 

643.  And  upon  the  presentation  of  a  certificate,  at  the 
close  of  the  session  of  each  annual  institute,  setting  forth 
these  facts  (as  set  forth  in  Section  642),  and  signed  by  the 
county  superintendent,  to  the  treasurer  of  the  proper  county, 
he  is  hereby  authorized  and  required  to  pay  immediately, 
out  of  any  money  in  the  county  treasury  not  otherwise  ap- 
propriated, to   the  county  superintendent,  one  dollar  for 
every  three  days  spent  by  teachers  of  the  county  in  attend- 
ance at  the  institute,  for  that  year,  or  as  much  of  it  as  may 
be  needed  ;  such  money  to  be  expended  by  the  county  super- 
intendent in   procuring  the  services   of  lecturers  and   in- 
structors for  the  institute,  and  in  providing  the  necessary 
apparatus,  books  and  stationery,  foi  carrying  on  its  work  : 
Provided,  That  the  amount  which  may  be  drawn  from  the 
county  treasury  shall,  in  no  case,  be  more  than  two  hun- 
dred dollars,  but  may,   in  all  cases,  be  sixty  dollars,  if  it 
shall  appear,  from  the  vouchers  presented  by  the  county 
superintendent  to  the  county  auditors,  as  required  by  the 
4th  section  of  this  act  (see  Infra  TEACHERS'  INSTI- 
TUTES, Sec.   649),  that  this  sum  has  been  actually  ex- 
pended for  the  purposes  herein  specified.3 

Penalty  of  teachers  for  non-attendance. 

644.  Any  teacher  who  absents  himself  from  the  insti- 
tute of  his  county,  without  a  good  reason,  may  have  his 
want  of  professional  spirit  and  zeal  indicated,  by  a  lower 
mark  on  his  certificate  in  the  practice  of  teaching,  than  he 
would  otherwise  have  received.4 

Teacher's  compensation  for  attending  institute. 

645.  All  boards  of  school  directors  and  boards  of  con- 
trollers shall  be  and  are  hereby  authorized  and  required  to 
pay  the  teachers  employed  in  the  public  schools,  of  the  sev- 
eral districts,  within  their  jurisdiction,  for  attendance  upon 


2.  Act  April  9,  1867,  Sec.  3,  P.  L.  51. 

3.  Act  April  9,  1867,  Sec.  3  P.  L.  51. 

4.  Act  April  9,  1867,  Sec.  3,  P.  I,.  51. 


TEACHERS'  INSTITUTES.  317 

the  sessions  of  the  annual  county   institutes,   in    the  re- 
spective counties.5 
School  district  liable  for  teacher's  compensation. 

646.  Compensation  for  institute   attendance  shall  be 
based  on  the  official  reports  made,  to  the  several  boards  of 
directors  or  controllers,  by  the  proper  county,  city  or  bor- 
ough superintendent,  who  shall  report  the  daily  attendance 
of  teachers  to  the  respective  boards  by  which  they  are  em- 
ployed, and  such  compensation  shall  be  allowed  by  the  di- 
rectors or  controllers,  and  paid  by  the  district  treasurer  to 
the  teachers  entitled  to  receive  the  same.6 
Compensation  not  to  exceed  two  dollars  per  diem. 

647.  Compensation,  as  herein  authorized,  shall  not  be 
less  than  the  per   diem    pay    for    actual    teaching ;  Pro- 
vided, That  it  shall  not,  in  any  case,  exceed  two  dollars  per 
diem,  and  shall  be  allowed  and  paid  to  the  teachers  in  their 
respective  districts  for  each  day's  attendance  reported  as 
aforesaid  by  the  proper  superintendent.7 

Pay  of  teachers  while  attending  institute  under  act  of  1887. 

648.  Attorney-General  Kirkpatrick  said  : 

u  The  practical  construction  of  this  act  of  assembly,  as 
made  by  the  department  of  public  instruction,  is,  that 
teachers  are  entitled  to  compensation  for  institute  attend- 
ance, in  addition  to  their  regular  wages,  according  to  their 
per  diem  pay  for  actual  teaching,  but  compensation  as 
authorized  by  the  act  of  assembly  cannot  lawfully  exceed 
two  dollars  a  day,  which  is  the  maximum  allowance  pro- 
vided by  the  act.  The  time  of  attendance  cannot  be  re- 
ported and  credited  as  part  of  the  twenty  days'  actual  teach- 
ing required  to  constitute  a  school  month,  but  is  in  addition 
thereto. 

Teachers  in  attendance  who  are,  at  the  time  of  holding 
the  institute,  engaged  in  teaching  in  the  county,  and  also 
those  who  have  been  elected  or  employed  to  teach  in  the 
public  schools  of  the  county  for  the  current  annual  term, 


5.  Act  April  13,  j'SSy,  Sec.  i,  P.  Iv.  20. 

6.  Act  April  13,  1887,  Sec.  2,  P.  L.  20. 

7.  Act  April  13,  1887,  Sec.  3,  P.  L.  20. 


318  COMMON   SCHOOL   LAW 

prior  to  the  date  of  the  institute — but  whose  schools  are 
opened  subsequently — are  to  be  reported  by  the  superin- 
tendent, and  credited  as  legal  members  of  the  institute,  and 
are  entitled  to  compensation  for  attending  the  same. 

In  my  opinion  this  construction  accords  with  the  true 
intent  of  the  act  of  assembly  in  question."8 
Institute  accounts. 

649.  Each     county    superintendent   who    may    draw 
money  from  the  county  treasury,  for  the  purposes  named  in 
this  act,  shall  file  his  account  of  all  expenditures,  under  the 
act,  in  the  office  of  the  county  treasurer,  with  vouchers  for 
the  same,  which  shall  be  examined  by  the  auditors   of  the 
county,  in  like  manner,  as  other  county  expenditures  ;  and 
any  misapplication  of  funds  shall  be  punished  in   the  same 
manner  as  collectors  of  state  and  county  taxes,  for  like   of- 
fenses, are  now  punished.9 

Superintendent's  report  on  adjournment  to  the  superintendent  of 
common  schools. 

650.  All  county  superintendents,  upon  the  adjourn- 
ment of  the   teachers'  institutes,  held   in    their  respective 
counties,  are  hereby  required  to  report  to  the  superintend- 
ent of  common  schools,  the  number  of  teachers  in    attend- 
ance, the  names  of  the  lecturers  or  instructors   who    offici- 
ated, the  subjects  upon  which  the  instruction  was  given, 
and  the  degree  of  popular  interest  awakened  by  the   pro- 
ceedings.10 

Superintendent's  report  to  school  directors. 

651.  At  the  close  of  the  annual  sessions  of  the  said  in- 
stitutes, it  shall  be  the  duty  of  the  several  county,  city  and 
borough  superintendents  to  make  a  report,  to  each  board  of 
school  directors  in   their  respective  jurisdictions,    setting 
forth  the  number  of  days  that  each   teacher  shall   have    at- 
tended and  participated  in  the  exercises  of  the  said  annual 
teachers'  institute,  which  said  report  shall  be  the  basis  for 
allowing   the  teachers  their  time   and    wages :    Provided, 


8.  Teachers'  Institute,  6  Pa.  C.  C.  24,  1888. 

9.  Act  April  9,  1867,  Sec.  4,  P.  L.  51. 

10.  Act  April  9,  1867,  Sec.  5,  P.  L,.  51. 


TEACHERS'  INSTITUTES  319 

That  the  provisions  of  this  act  shall  not  extend  to  the  first 
school  district  of  Pennsylvania,  nor  to  the  counties  where- 
in special  laws  regulating  or  relating  to  county  institutes 
are  in  force.11 
City  and  borough  teachers'  institute. 

652.  That  it  shall  be  lawful  for  the  board  of  school  di- 
rectors or  controllers  of  any  city  or  borough  which  has 
elected  a  superintendent  and  employs  not  less  than  fifty 
teachers,  by  resolution  at  any  stated  meeting  and  duly  re- 
corded, to  authorize  the  holding  of  a  separate  annual  teach- 
ers' institute  for  said  city  or  borough,  and  in  all  matters 
pertaining  to  the  holding  of  institutes  shall  be  in  no  wise 
subject   to  the  authority  and  jurisdiction  of  the  superin- 
tendent of  the  schools  of  the  county  in  which  said  city  or 
borough  is  located.12 

City  or  borough  superintendent  may  call  a  teachers'  institute. 

653.  When  the  holding  of  said  separate  annual  insti- 
tute shall  have  been  so  authorized  as  aforesaid,  the  super- 
intendent of  the  schools  of  said  city  or  borough  shall  have 
power  to  call  a  teachers'  institute  and  to  draw  from  the 
county  treasury  money  for  the  support  of  the  same  in  like 
manner  and  to  the  same  extent  as  to  the  county  superin- 
tendents of  this  Commonwealth  are  now  empowered  to  do.'3 
Committee  on  permanent  certificates. 

654.  The  said  annual  institutes  shall  have  power  to 
elect  a  committee  on  permanent  certificates  in  and  for  said 
city  or  borough  as  county  institutes  are  now  empowered  to 
do  for  their  respective  counties.14 

Time  for  holding  city  teachers'  institute. 

655.  City  teachers'  institute  may  be  held,  throughout 
the  school  year,   on  any  five  days,   or  any  ten  half  days 
which  the  city  superintendent  of  schools  may  select  for 
this  purpose.15 


11.  Act  June  7,  1881,  Sec.  2,  P.  L.  50. 

12.  Act  June  28,  1895,  Sec.  9,  P.  L,.  415 

13.  Act  June  28,  1895,  Sec.  9,  P.  L.  415. 

14.  Act  June  28,  1895,  Sec.  P.  L.  415. 

15.  Act  April  20,  1905,  Sec.  i,  P.  It.  228. 


CHAPTER'  XXVII. 

TEXT   BOOKS   AND   SCHOOL   SUPPLIES 

PAGE 

656.  Series  of  school  books,  when  and  how  selected 320 

657.  Books  for  blind  children 320 

658.  Legal  requirements  to  purchase  textbooks 321 

659.  Meeting  of  teachers  and  directors 321 

660.  Time  of  joint  meeting 321 

661.  Notice  to  teachers 322 

662.  Notice  and  meeting  of  directors 322 

663.  Object  of  teachers  meeting  with  the  board 322 

664.  Purchase  of  text  books  and  supplies 323 

665.  Use  of  text  books  during  vacation 323 

666.  Change  of  text  books 323 

667.  Penalty 323 

668.  Change  of  text  books  in  certain  cities 324 

669.  Price  list  of  books  to  be  furnished  and  adopted 324 

670.  Awarding  of  contracts 324 

671.  Penalty  for  violation  of  act.     Ac^  to  be  accepted 325 

672.  Restraining  purchase  of  school  books 325 

673.  Who  cannot  act  as  agents  for  the  sale  of  school  books 326 

674.  No  pecuniary  interest 326 

675.  Separate  accounts 326 

Series  of  school  books,  when  and  how  selected. 

656.  Immediately  after  the  annual  election  of  teachers 
in  each  school  district  of  the  state,  and  before  the  opening 
of  the  schools  for  the  ensuing  term,  there  shall  be  a  meet- 
ing of  the  directors  or  controllers  and  teachers  of  each  dis- 
trict ;  at  which  meeting  the  directors  and  controllers  shall 
select  and  decide  upon  a  series  of  school  books,  in  the  dif- 
ferent branches  to  be  taught   during  the   ensuing  school 
year;    which    books,  and  no  other,  shall  be   used  in    the 
schools  of  the  district  during  said  period.1 

Books  for  blind  children. 

657.  That  the  school  boards  of  this   Commonwealth 
are  hereby  authorized  and  recommended  to  provide   suita- 
ble books  and  apparatus  for  the   instruction   of  indigent 
blind  children  between  the  ages  of  nine  and  thirteen  years, 
and  pay  for  the  same  out  of  the  school  fund  as   in  the  case 
of  seeing  children,  the  cost  thereof  not   to  exceed  twelve 
dollars  for  each  person  in  any  one  year.2 


1.  Act  May  8,  1854,  Sec.  25,  P.  L.  617. 

2.  Act  May  8,  1876,  Sec.  i.  P.  L.  138. 


TKXT  BOOKS  AND  SCHOOL  SUPPLIES  321 

Legal  requirements  to  purchase  text  books. 

658.  To  make  the  action  of  the  directors  in  the  selec- 
tion of  books  effective  and  legal,  there  must  be  a  record  of 
such  action,  and  the  statute  plainly  declares  what  the  rec- 
ord shall  contain — the  names  of  the  members  voting  in  the 
affirmative  and  those  voting  in  the  negative — so  that  it 
shall   appear   that   a   majority   of  the   whole    number   of 
directors  voted  affirmatively,  and   who  so   voted   as  well 
as    those    who    voted   in    the    negative.     This    must   be 
done  before  the  books  are  purchased  or  introduced  into 
the  schools,  and  before  the  commencement  of  the  ensuing 
term,  as  the  act  of  May  8,   1854,  declares  that  the  books 
shall  be  selected  at  a  meeting  of  the  directors  and  teachers 
before  the  opening  of  the  schools  of  the  ensuing   term, 
"  which  books,  and  no  others,  shall  be  used  in  the  schools 
of  the  district  during  said  period." 

The  record  of  the  votes  upon  the  minutes  is  of  sub- 
stance, and,  until  this  appears,  the  act  of  the  board  in  the 
adoption  of  text  books  is  of  no  validity,  and  the  minutes 
cannot  be  corrected  at  a  meeting  subsequent  to  the  opening 
of  the  schools.3 
Meeting  of  teachers. 

659.  The  joint  meeting  of  directors  and  teachers  is 
mandatory  and  not  merely  directory.     If  no  action  is  taken 
at  the  joint  meeting  of  directors  and  teachers,  the  directors 
cannot   subsequently  at  a  regular    meeting  of  the  board, 
where  no  teachers  were  present  or  invited   to  be  present, 
adopt  a  change  of  text  books.4 

Time  of  holding  joint  meeting  of  teachers  and  directors. 

660.  The  act  of  May  8,  1854,  should  not  be  so  strictly 
construed  that  the  meeting   of  the  directors  and  teachers 
must  be  held  without  any  intervening  time  after  the  an- 
nual election,  though  such  is  a  popular  meaning,  and  the 
definition    of  lexicographers,  of  the  word  "  immediately." 
What  we  mean  is  that  a  meeting  upon  due  notice,  in  a  rea- 
sonable time  after  the  election  of  teachers,  and  before   the 


3.  Barber  vs.  Wilhelm,  7  Pa.  C.  C.  214,  1889. 

4.  Barber  vs.  Newbaker,  19  Pa.  C.  C.  664,  1897. 


322  COMMON   SCHOOL   LAW 

commencement  of  the  ensuing  term,  would  be  legal.  The 
teachers  may  or  may  not  be  present  at  the  annual  election, 
and,  if  not  present,  could  not  attend  a  meeting  immedi- 
ately, of  which  they  had  no  notice. 

The  law  directs  a  meeting  of  the  directors  and  teach- 
ers, and  though  the  selection  and  adoption  of  books  to  be 
used  in  the  schools  is  the  province  of  the  directors,  yet  the 
teachers  are  required  to  be  present,  or  have  such  notice 
thereof,  that  they  can  attend.5 
Notice  to  teachers. 

661.  The  statute  does  not  expressly  declare  that  the 
teachers  shall  be  notified  of  the  meeting,   but  it  undoubt- 
edly contemplates  notice  of  some  kind,  although  we  do  not 
think  it  need  be  in  writing.      Notice  by   publication  in  a 
newspaper  of  general  circulation,  without  proof  that  it  was 
taken  by  the  teachers,  would  not   be  sufficient  to  warrant 
the  directors  in  proceeding  to  select  the  text  books.6 
Notice  and  meeting  of  directors. 

662.  Every  member  of  the  school  board  is  entitled    to 
know  the  time  of  meeting  for  the  contracting  of  text  books. 
If  no  notice  has  been  given,  any  contract  which  the  board 
might  make  will  be  void.     The  courts    holding  that   the 
kind  and  number  of  the  books  and  the  prices  to  be  paid  for 
them  are  matters  requiring   deliberation,  consultation  and 
judgment  and  are  for  the  consideration  of  the  whole  board.7 
Object  of  teachers  meeting  with  board. 

663.  The  duties  and  powers  of  the  teachers  at  a  meet- 
ing with  the  directors   for  the  adoption  of  text  books  is 
purely  advisory,  hence,  if  after  consulting  and  advising  with 
them,  and  receiving  their  views  in  writing,  the  directors 
adjourn  until  a  later  hour  in  the  same  day  before  taking  a 
final  and  decisive  vote,  the  irregularity  is  not  fatal,  there 
being  no  evidence  of  secrecy  or  fraud.8 


5.  Barber  vs:  Wilhelm,  7  Pa.  C.  C.  214,  1890. 
Maloney  vs.  Rogers  et  al.,  6  Kulp  289,  1891. 

6.  Maloney  vs.  Rogers,  et  al.,  6  Kulp  289,  1891. 

7.  Mitchell  vs.  Kearns,  16  Pa.  Superior  Ct.  357,  1901. 

8.  Maloney  vs.  Rogers,  et  al.,  6  Kulp  289,  1891. 


TEXT  BOOKS  AND  SCHOOL  SUPPLIES  323 

Purchase  of  text  books  and  supplies. 

664.  School  directors  or  controllers  shall  purchase  text 
books  and  other  necessary  school  supplies  for  use  in  the 
public  schools  of  their  respective  school  districts,  out  of  the 
school  fund  of  the  district,  and  when  so  procured  the  neces- 
sary books  and  school  supplies  shall  be  furnished  free  of 
cost  for  use  in  the  schools  of  said  district,  subject  to  the 
orders  of  the  directors  or  controllers  thereof,  whose  duty  it 
shall  be  to  provide  for  the  return  of  and  for  the  safe  keep- 
ing and  care  of  the  books  which  shall  be  returned  at  the 
close  of  the  annual  school  term  in  each  year  or  as  the  board 
may  direct.9 

Use  of  text  books  during  vacation. 

665.  The  board  shall  allow  each  child  who  wishes  to 
attend  a  pay  or  select  school,  any  time  during  vacation,  be- 
tween regular  school  terms,  the  use  of  the  books  furnished 
him  or  her  for  that  purpose :    Provided  further,  That  the 
teacher  of  said  school  or  schools  shall  possess  a  valid  certifi- 
cate issued  by  a  superintendent  of  public  schools  :   Pro- 
vided however,    That  the  school  directors  or  controllers 
shall  make  such  regulations  for  the  care  and  return  of  said 
books  as  they  may  deem   necessary,  and  it  shall  be  their 
duty  to  see  that  said  books  shall  be  used  only  when  the  pay 
school  is  held  in  city,  borough  or  district  school  house.10 
Change  of  text  books. 

666.  The  board  of  directors  of  any  district,  the  controllers 
in  cities  and  boroughs,  or  any  school  superintendent,  shall 
not  order  or  direct  or  make  any  change  in  tire  school  books 
or  series  of  text  books  used  in  any  school  under  his  or  their 
superintendence,  direction  or  control,  more  than  once  in 
every  period  of  three  years ;  and  any  laws  or  parts  of  laws 
inconsistent  herewith  be  and  the  same  are  hereby  repealed.11 
Penalty. 

667.  Any  school  director,  controller  or  superintendent, 
who  shall  violate  the  provisions  of  this  act,  shall  be  deemed 


9.  Act  June  7,  i§97,  Sec.  i,  P.  L.  130,  an  amendment  to  Sec.  i  of  Act 

June  25,  1885,  P.  L.  173- 

10.  Act  June  7,  1897,  Sec.  i,  P.  L.  130. 

11.  Act  May  26,  1871,  Sec.  i,  P.  L.  280. 


324  COMMON   SCHOOL   LAW 

guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  sentenced  by  the  court  to  pay  a  fine,  not  exceeding  two 
hundred  dollars,  and  that  he  be  deprived  of  his  office.12 
Change  of  text  books  restricted  in  certain  cities. 

668.  That  hereafter  the  board  of  directors,  controller 
or  superintendent  of  any  school  district,  in  cities  of  the 
second  and  third  class,  shall  not  order  or  direct,   or  make 
any  change,  by  resolution  or  otherwise,  in  the  school  books 
or  series  of  text  books  in  use  in  any  public   school  under 
his    or   their  control,  superintendence    or  direction,   more 
than  once  in  every  six  years  ;  and  all  such  school  -books  or 
series  of  text  books  which  shall  be  adopted  or  in  use  in  the 
several  schools  of  cities  of  the  second  and  third  class  in  this 
Commonwealth  on  the  first  Monday  of  October  next,  shall 
be  continued  in  use  by  the  board  of  directors  or  others  hav- 
ing control  of  said  schools,  for  and  during  the  term   of  six 
years  from  that  date,  and  thereafter  shall  not  be  changed  in 
whole  or  part  more  than  once  in  every  six  years.13 

Price  lists  of  books  to  be  furnished  and  adopted. 

669.  That  before  the  adoption  of  any    series  of  text 
books   by  the    central  board    of    education,  or   board    of 
control,    or    department    of    education,    it    shall    be    the 
duty  of  the  author,  publisher  or  regular  constituted  agent 
offering  any  books  for  adoption,   to   furnish  the  price   of 
each  and  every  book,  which  shall  be  the  price  so  long  as 
said  book  or  books  remain  in  use  in  the  school ;    and   it 
shall  be  the  duty  of  the  central  board  of  education  to  adopt 
said  price  list,  and  require  of  said  author,  publisher  or  agent 
such  security  as  in  their  judgment  is  proper  for  the  per- 
formance of  their  contract.14 

Awarding  of  contracts. 

670.  It  shall  be  the  duty  of  the  several  school  boards, 
after  having  advertised  for  proposals  at  least  twice  a  week 
for  four  weeks  in  two  papers  having  the  largest  circulation 
in  the  city  or  county,  to  award  the  contract  to  the  lowest 


12.  Act  May  26,  1871,  Sec.  2,  P.  L.  280. 

13.  Act  May  3,  1878,  Sec.  I,  P.  L.  44. 

14.  Act  May  3,  1878,  Sec.  2,  P.  L.  44. 


TEXT  BOOKS  AND  SCHOOL  SUPPLIES  325 

and  best  bidders,  and  when  entering  into  contract  for  said 
books  they  shall  specify  the  style  of  paper,  printing  and 
binding  ;  and  the  agents  or  publishers,  shall,  before  accept- 
ance of  their  bids,  furnish  samples  of  the  same,  which  shall 
be  of  the  most  durable  and  serviceable  quality  for  school 
purposes,  and  bonds  shall  be  given  guaranteeing  that  all 
books  furnished  shall  be  equal  in  paper,  print  and  binding 
to  the  samples  first  shown.15 
Penalty  for  violation  of  act.  Act  to  be  accepted. 

671.  Any  school  director,  controller  or  superintendent 
who  shall  violate  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  sentenced  by  the  court  to  pay  a  fine  not  exceeding  five 
hundred  dollars  and  that  he  or  she  be  deprived  of  his  or  her 
office.     Provided,  That  the  provisions  of  this  act  shall  not 
become  a  law  in  any  school   district,  unless    accepted  by  a 
majority  of  the  directors  elected  in  such  district.16     All  acts 
or  parts  of  acts  inconsistent  with  this  act  be  and  the  same 
are  hereby  repealed. 

Restraining  purchase  of  school  books. 

672.  The  directors  will  be  restrained  from  purchasing 
new  books  where  it  is  shown  that  a  report  of  a  committee 
on  books  recommending  the  adoption  of  new  books  was 
"  adopted  "   by  the  board  of  controllers  by  a  motion  duly 
passed.17 

And  they  will  be  restrained  from  changing  books  where 
there  has  not  been  an  affirmative  vote  of  a  majority  of  the 
board,  and  the  three  years  have  not  passed  since  the  last 
series  of  books  was  adopted.18 


15.  Act  May  3,  1878,  Sec.  3,  P.  L.  44. 

16.  Act  May  3,  1878,  Sec.  4,  P.  L.  44. 

17.  Heckman  vs.  Board  of  Controllers,  51  P.  L.  J.  81,  1903. 

18.  Shannon  vs.  School  Directors,  10  Kulp  544,  1903. 
Wharton  vs.  School  Directors,  42  Pa.  358,  1862. 
Butts  vs.  Howley,  5  Kulp  .338,  1889. 

Mitchell  vs.  Kearns,  16  Pa.  Superior  Ct.  357,  1901. 
Roth  vs.  Marshall,  158  Pa.  272,  1893. 
Krickbaum  vs.  School  Directors,  3  Kulp  30,  1880. 


326  COMMON   SCHOOL   LAW 

Directors  have  no  power  to  adopt  more  than  one  series 
of  text  books  covering  the  same  studies.19 

After  a  selection  of  text  books  has  been  made,  school 
directors  or  controllers  cannot  within  three  years  at  a  sub- 
sequent meeting  reconsider  such  selection,  and  make  a  new 
one  of  different  books.20 
Who  cannot  act  as  agents  for  the  sale  of  school  books. 

673.  It  shall  not  be  lawful  for  the  county  superintend- 
ents, directors  or  controllers,  or  any  other  person  officially 
connected   with    the   common    school   system,  to  become 
agents  for  the  sale,  or  in  any  way  to  promote  the  sale  of 
any  school  books,  maps,  charts,  school  apparatus  or  sta- 
tionary, or  to  receive  compensation  for  such  sale,  or  pro- 
motion of  sale,  in  any  manner  whatsoever ;  and  any  viola- 
tion of  the  provisions  of  this  section  shall  be  deemed  a  mis- 
demeanor, and  punishable  with  a  fine  or  imprisonment.21 
No  pecuniary  interest. 

674.  It  shall  not  be  lawful   for  any  director,  or  presi- 
dent of  any  school  board,  in  this  Commonwealth,  to  be  in- 
terested in  the  furnishing  of  books,  or  any  other  supplies, 
for  said  school.22 

Separate  accounts. 

675.  The  board  shall  keep  an  account  of  all  moneys,  ex- 
pended under  the  above  section,23  and  report  it  under  sep- 
arate item  in  the  annual  financial  accounts  as  authorized  by 
law.24 


19.  Francis  vs.  School  District,  41  P.  L.  J.  19,  1893. 

20.  Price  vs.  Scranton  School  Controllers,  i  Lack.  Bar.  47,  1878. 

21.  Act  May  8,  1854,  Sec.  26,  P.  L-  617. 

22.  Act  May  II,  1862,  Sec.  17,  P.  L.  475. 

23.  See  Supra  Sec.  664. 

24.  Act  June  25,  1885,  Sec.  2,  P.  L.  173. 


CHAPTER  XXVIII. 

CITY   AND   BOROUGH   SUPERINTENDENTS   AND   SUPERVISING 

PRINCIPALS. 

PAGE 

676.  Cities  and   boroughs   having    certain    population   may  elect 

superintendent 327 

677.  Certificate  of  election.     Commission 328 

678.  Dutiesof  superintendent 328 

679.  Make  annual  report  and  attend  meetings 329 

680.  Supervising  principal  of  schools  in  townships  of  over  4,000  in- 

habitants   329 

681.  Dutiesof  principals 329 

682.  City  or  borough  superintendent  not  subject   to  authority   of 

county  superintendent 329 

Cities  and  boroughs  having  certain  population  may  elect  superin- 
tendent. 

676.  The  school  directors  of  any  city,  borough,  or  town- 
ship, in  this  Commonwealth  having  a  population  of  over  five 
thousand  inhabitants,  may  on  the  first  Tuesday  of  May,  one 
thousand  eight  hundred  and  sixty-nine,  and  every  third  year 
thereafter,  elect,  viva  voce  by  a  majority  of  the  whole  number 
of  directors  present,  one  person  of  literary  and  scientific  ac- 
quirements and  skill  and  experience  in  the  art  of  teaching, 
as  city,  borough  or  township  superintendent,  for  the  three 
succeeding  school  years,  and  the  said  school  directors  shall 
determine  the  amount  of  compensation  for  said  city  or  bor- 
ough superintendent,  which  compensation  shall  be  paid  by 
the  same  officers  as  pay  the  salaries  of  teachers  in  such 
school  district,  and  in  the  same  manner  as  such  salaries  are 
now  paid  :  Provided,  that  nothing  in  this  act  shall  prevent 
the  directors  of  any  city  or  borough  from  electing  a  super- 
intendent to  serve  from  the  time  of  election  until  the  com- 
mencement of  the  school  year,  one  thousand  eight  hundred 
'and  sixty-nine,  from  filling  a  vacancy,  should  any  occur, 
for  the  unexpired  term  of  said  office,  nor  from  increasing 
the  salary  of  a  superintendent,  at  any  time  :  Provided  also, 
That  the  president  of  the  board  of  directors  or  controllers  of 
any  city  or  borough  in  this  Commonwealth  shall,  at  any  time 
after  the  passage  of  this  act,  if  so  requested,  in  writing  by 
seven  directors  o>r  controllers,  call  a  convention,  giving  at 
least  five  days'  notice  thereof,  of  all  the  directors  of  said  city 
or  borough,  to  determine  whether  they  will  elect  a  city  or 


328  COMMON  SCHOOL  LAW 

borough  superintendent,  in  accordance  with  the  provisions 
of  this  act ;  and  if,  at  such  meeting,  it  shall  be  decided  to 
hold  such  an  election,  the  said  directors  shall  again  con- 
vene at  the  time  appointed  by  this  section  of  this  act,  or 
any  time,  in  accordance  with  its  provisions,  and  at  a  place 
fixed  upon  by  themselves,  when  they  shall  proceed  to  carry 
their  determination  into  effect  in  the  same  manner  as  is 
done  by  conventions  held  for  the  election  of  county  super- 
intendents ;  and  all  subsequent  conventions  for  carrying 
into  effect  the  purposes  of  this  act  shall  be  called  in  the 
same  manner  by  said  president  of  the  board  of  directors  or 
controllers  of  such  city  or  borough.1 
Certificate  of  election.  Commission. 

677.  It  shall  be  the  duty  of  the  president  and  secretary 
of  the  meeting  of  the  directors,  of  any  city  or  borough,  at 
which  a  city  or  borough  superintendent  has  been  elected,  to 
certify  to  the  superintendent  of  common  schools,  the  name 
and  address  of  the  person  elected  city  or  borough  superin- 
tendent, in  pursuance  of  the  provisions  of  this  act,  and  those 
of  all  other  candidates  who  received  votes,  together  with  the 
amount  of  compensation    fixed    upon  by   said    directors ; 
upon  the  receipt  of  such  certificate,  if  no  valid  objection  be 
received  within  thirty  days  after  the  day  of  election,  the 
superintendent  of  common   schools  shall  commission  the 
person  so  elected  for  the  term  for  which  he  was  elected  ; 
but  if  objections  to  issuing  such  commission  be  made  with- 
in thirty  days,  the  superintendent  of  common  schools  shall 
proceed  with  like  power  and  like  manner  as  he  is  now  requir- 
ed to  do  where  objections  are  made  against  issuing  com- 
missions to  persons  claiming  to  be  elected  county  super- 
intendent.2 

Duties  of  superintendents. 

678.  It  shall  be  the  duty  for  all  city  or  borough  super- 
intendents, to  take  a  similar  oath  or  affirmation  to  that  now 
required  of  county  superintendents,  to  perform,  within  the 
limits  of  their  several  jurisdictions,  all  the  duties  now  by  law 


1.  Act  April  9,  1867,  Sec.  7,  P.  L.  51,  as  amended   by  Act  May  7,   1885, 

Sec.  i,  P.  L.  15- 

2.  Act  April  9,  1867,  Sec.  8,  P.  L.  51. 


CITY  AND  BOROUGH  SUPERINTENDENTS  329 

i 

enjoined  upon  county  superintendents,  and  to  discharge  such 
other  duties  as  the  by-laws,  rules  and  regulations  of  the  re- 
spective boards  of  directors  may  require.3 
Make  annual  report  and  attend  meetings. 

679.  It  shall  be  their  further  duty,  in  addition  to  an 
annual  report,  to  report  monthly  to  the  department  of  com- 
mon schools,  such  facts  relating  to  their  work  and  the  con- 
dition of  the  schools  under  their  charge  as  may  be  required 
by  the  superintendent  of  common  schools,  and  to  attend 
meetings  of  superintendents  called  by  said  superintendent 
of  common  schools. 

Supervising  principals  of  schools  in  townships  of  over  4,000  in- 
habitants. 

680.  The  school    directors  of  any  township    in    this 
Commonwealth  having  a  population  of  over  four  thousand 
inhabitants  may,  at  the  time  of  the  annual  election  of  teach- 
ers, elect  viva  voce,  by  a  majority  of  the  whole  number  of 
directors,  one  person,  holding  a  permanent  certificate  or  a 
diploma  issued  by  a  state  normal  school  of  this   Common- 
wealth, as  supervising  principal  of  public  schools  of  said 
township,  or  may  employ  one  of  the  teachers  of  such  town- 
ship, having  said  qualifications,   to  perform  the  duties  of 
supervising  principal,  for  a  term  not  exceeding  three  years, 
at  a  salary  to  be  fixed  by  the  school  board  at  the  time  such 
supervising  principal  shall  be  elected  or  employed.5 
Duties  of  principal. 

68 1.  Such  supervising  principal,  when    elected,  shall 
discharge  such  duties  as  the  county  superintendent  of  pub- 
lic schools  and  the  board  of  directors  by  whom  he  was  em- 
ployed may  require,  and  shall  be  removed  from  office  in  the 
same  manner  and  for  the  same  causes  as  teachers  in    the 
public  schools  may  be  removed.5 

City  or  borough  superintendent  not  subject  to  authority  of  county 
superintendent. 

682.  From  and  after  the  appointment  of  a  city  or  bor- 
ough superintendent  in  any  city  or  borough  in   this    Com- 


3.  Act  April  9,  1867,  Sec.  10,  P.  L.  51. 

4.  Act  April  9,  1867,  Sec.  10,  P.  L,.  51. 

5.  Act  June  25,  1901,  Sec.  i,  P.  L,.  598. 

6.  Act  June  25,  1901,  Sec.  2,  P.  L,.  598. 


330  COMMON   SCHOOL   LAW 

inoiiwealtli  and  the  proper  notification  of  the  superintend- 
ent of  common  schools  of  the  fact,  such  city  or  borough 
shall  not  be  subject  to  the  authority  and  jurisdiction  of  the 
county  superintendent  of  the  county  in  which  said  city  or 
borough  is  located,  except  that  in  the  matter  of  holding  the 
annual  teachers'  institute  as  provided  by  sections  second,7 
third,8  fourth,9  fifth10  of  this  act,  in  which  the  city  or  bor- 
ough superintendent  shall  co-operate  ;  and  the  quota  of  the 
annual  appropriation  to  said  city  or  borough  shall  not  be 
diminished  by  reason  of  any  contribution  to  the  salaries  of 
the  county  superintendents,  nor  shall  the  directors  of  such 
city  or  borough  vote  at  any  election  for  county  superin- 
tendent ;  Provided,  That  it  shall  be  lawful  for  the  board  of 
school  directors  or  controllers  of  any  city  or  borough  which 
has  elected  a  superintendent  and  employs  not  less  than 
fifty  teachers,  by  resolution  at  any  stated  meeting  and  duly 
recorded,  to  authorize  the  holding  of  a  separate  annual 
teachers'  institute  for  said  city  or  borough,  and  in  all  mat- 
ters pertaining  to  the  holding  of  institutes  shall  be  in  no 
wise  subject  to  the  authority  and  jurisdiction  of  the  super- 
intendent of  the  schools  of  the  county  in  which  said  city  or 
borough  is  located ;  and  when  the  holding  of  said  separate 
annual  institute  shall  have  been  so  authorized  as  aforesaid, 
the  superintendent  of  the  schools  of  the  said  city  or  bor- 
ough shall  have  power  to  call  a  teachers'  institute  and  to 
draw  from  the  county  treasury  money  for  the  support  of 
the  same  in  like  manner  and  to  the  same  extent  as  the 
county  superintendents  of  this  Commonwealth  are  now 
empowered  to  do  ;  and  the  said  annual  institute  shall  have 
power  to  elect  a  committee  on  permanent  certificates  in 
and  for  said  city  or  borough  as  county  institutes  are  now 
empowered  to  do  for  their  respective  counties.  All  acts  or 
parts  of  acts  inconsistent  herewith  be  and  the  same  are 
hereby  repealed.11 

7.  See  Supra  TEACHERS'  INSTITUTES,  Sec.  641. 

8.  See  Supra  TEACHERS'  INSTITUTES,  Sees.  642,  643,  644. 

9.  See  Supra  TEACHERS'  INSTITUTES,  Sec.  649. 

10.  See  Supra  TEACHERS'  INSTITUTES,  Sec.  650. 

11.  Act  June  28,  1895,  Sec.  9,  P.  L.  415.     The  act  amends  Sec.  9  of  the 

Act  of  May  24,  1887,  P.  L.  196,  which  amended  Sec.  9  of  the  Act 
of  April  9,  1867,  P.  L.  53. 


CHAPTER  XXIX. 

COUNTY  SUPERINTENDENT. 

PAGE 

683.  Creation  of  office 331 

684.  Election  of  county  superintendent 332 

685.  Majority  of  whole  number  present  necessary  to  an  election —  332 

686.  Oath  of  office 332 

687.  Notice  of  election  for  county  superintendent 333 

688.  Duty  of  president  and  secretary  of  convention 333 

689.  Contested  elections 334 

690.  To  what  objections  must  be  made 334 

691.  Salary  of  county  superintendent 334 

692.  How  paid 335 

693.  Vacancies.     How  filled 335 

694.  Qualifications  of  county  superintendent 335 

695.  Test  of  qualification  336 

696.  Serving  as  county,  city  or  borough  superintendent  not  an  ab- 

solute test 337 

697.  Superintendent  of  public  instruction  required  to  issue  a  com- 

mission to  teachers  who  hold  a  professional  certificate,  when 
elected  as  county,  city  or  borough  superintendent 338 

698.  Eligibility  of  county,  city  or  borough  superintendent 339 

699.  Branches  to  be  taught 340 

700.  Examination  of  teachers 340 

701.  Superintendent  required  to  examine  teachers 341 

702.  Countersigning  teachers'  certificate 342 

703.  When  certificate  may  be  annulled 344 

704.  Legal   requirements   to   remove  a   teacher    on    "  len    Days' 

Notice." 344 

705.  When  certificate  will  not  be  granted 346 

706.  Power  of  superintendent  under  the  act 346 

707.  County  superintendent's  report  on  instruction   of  physiology 

and  hygiene 349 

708.  School  board  must  provide  competent  teachers.     When   state 

appropriation  withheld  or  forfeited 350 

709.  Duties  of  visiting  schools 351 

710.  No  authority  to  teach  for  compensation 351 

711.  School  directors'  expenses  paid  to  triennial  convention 351 

712.  Misdemeanor  for  any  candidate  to  pay  directors'  expenses  to 

convention 352 

713.  County  commissioners  to  furnish  office  for   county  superin- 

tendent   352 

714.  Power  to  remove  county  superintendent 352 

715.  County   superintendent    removed   for   neglect   of   duty    and 

incompetency 352 

716.  Duty  of  county  superintendent  to  call  together  all  the  directors 

for  certain  purposes 354 

Creation  of  office. 

683.  The  office  of  county  superintendent  was  created 
by  act  May  8,  1854. 


332  COMMON    SCHOOL   LAW 

Election  of  county  superintendent. 

684.  The  school  directors  of  the  several    counties    of 
the  Commonwealth,  shall  meet  in  convention  at  the  seat  of 
justice  of  the  proper  county,  on  the  first  Tuesday  of  May, 
in  each  third  year,  and  select,  viva  voce,  by  a  majority  of 
the  whole  number  of  directors  present,  one  person,  of  lite- 
rary and  scientific  acquirements,  and  of  skill  and  experience 
in  the  art  of  teaching,  as  county  superintendent   for    three 
succeeding  school  years.1 

Majority  of  whole  number  present  necessary  to  an  election. 

685.  Where  the  president  and  secretary  of  the  conven- 
tion certified  to  J.  P.  Wickersham,  superintendent  of  com- 
mon schools,  inter  alia,  "  that  the  whole  number  of  direc- 
tors was  112,  of  whom  56  voted  for  Geo.    Swartz  and   that 
D.  E.  Kast  received  55  votes,  one  member  refusing  to  vote 
at  all  on  the  last  ballot,"  the  superintendent  refused  to  issue 
a  commission  to  Swartz  for  the  reason   that  the  certificate 
was  not  such  as  the  law  required. 

On  appeal  to  the  Supreme  Court,  Justice  Sharswood 
said  :  "  The  thirty-ninth  section  of  the  act  expressly  pro- 
vides that  the  selection  shall  be  viva  voce  by  a  majority  of 
the  whole  number  of  directors  present."  It  is  urged  that 
the  director  refusing  to  vote  was  virtually  absent.  He 
might  perhaps,  have  withdrawn,  but  he  did  not  do  so. 
He  remained,  and  being  present  was  entitled  to  be  counted. 
It  matters  not  what  he  supposed  to  be  the  effect  of  his 
action.  The  legal  intendment  was  that  *  he  voted  for 
neither  or  for  the  minority  candidate.  It  would  be  dan- 
gerous to  fritter  away  the  express  provision  of  the  statute 
by  construing  an  actual  presence  into  virtual  absence.  The 
certificate  then  was  a  nullity  :  it  was  a  felo  de  se.2 
Oath  of  office. 

686.  Every  person  selected  or  appointed  county  super- 
intendent of  common  schools  shall,  before  entering  upon 
the  duties  of  his  office,  take  an  oath  or  affirmation,  before 
any  judge  of  the  court  of  common    pleas  of  the   proper 

1.  Act  May  8,  1854,  Sec.  39,  P.  L,.  617,  as  amended  by  Act  May  27,  1866, 

P.  L.  88. 

2.  Commonwealth  vs.  Wickersham,  66  Pa.  134,  1870. 


COUNTY  SUPERINTENDENT  333 

county,  or  before  the  superintendent  of  common  schools, 
who  is  hereby  authorized  to  administer  the  same,  that  he 
will  perform  all  the  duties  of  county  superintendent,  dur- 
ing his  term  of  office,  honestly,  impartially,  diligently  and 
according  to  law,  to  the  best  of  his  skill  and  ability,  which 
said  oath  or  affirmation,  being  subscribed  by  said  county 
superintendent,  and  attested  by  said  judge  or  state  super- 
intendent, shall  be  filed  in  the  department  of  common 
schools.3 
Notice  of  election  for  county  superintendent. 

687.  It  shall  be  the  duty  of  the  superintendent  of  com- 
mon schools,  by  publication  at  least  three  successive  weeks, 
in  two  newspapers  for  each  county,  if  so   many  there   be, 
but  if  none  are  published  in  such  county,  then   by  printed 
notices,  sent  by  mail  to  the  secretary  of  each  board  of  direc- 
tors of  each  school  district  in  such  county,  of  the  time  and 
place  for  holding  the  triennial  convention  of  directors,  who 
shall  then  and  there  assemble,  and  select  a  presiding  officer 
from  one  of  their  number,  and  the  directors   then   present 
shall  proceed  to  the  election  of  a  county  superintendent  in 
the  manner    hereinafter   provided.     The    notice  that  shall 
hereafter  be  given  of  the  assembling  of  the  aforesaid  trien- 
nial convention,  shall  be  by  the  county  superintendent,  in 
the  manner  above  provided.     All  expenses  of  giving  notices, 
directed  by  this  section,  shall  be  paid  out  of  the  same  funds 
as  the  salary  of  the  county  superintendent.4 

Duty  of  president  and  secretary  of  convention. 

688.  It  shall  be  the  duty  of  the  president  and  secretary 
of  the  triennial  convention  of  directors,  to  certify    to   the 
superintendent  of  common  schools,  the  name  and  post-office 
address  of  the  person  elected  county  superintendent,  in  pur- 
suance of  the  provisions  of  the   act   of  May  8,  1854,  and 
those  of  all  the  other  candidates  who  received  votes,  together 
with  the  amount  of  compensation  fixed  upon  by  said  con- 
vention ;  upon  the  receipt  of  such  certificate,  if  no  valid  ob- 
jection be  received  with  thirty  days,   after  the  day  of  the 
election,  the  superintendent  of  common  schools  shall  com- 

3.  Act  April  ii,  1862,  Sec.  14,  P.  L.  471. 

4.  Act  May  8,  1854,  Sec.  43,  P.  L,.  617. 


234  COMMON   SCHOOL   LAW 

mission  the  person  so  elected,  for  the  term  of  three  years.5 
Contested  elections. 

689  The  act  further  provides  that  if  objections  to 
issuing  such  a  commission  be  made  within  thirty  days,  and 
such  objections  be  signed,  among  others,  by  a  majority  of 
the  members  of  not  less  than  one-fifth  of  all  the  school 
boards  in  the  county,  from  which  such  objections  are  re- 
ceived, and  certified  to,  under  oath  or  affirmation,  by  at 
least  three  of  the  signers,  the  superintendent  of  common 
schools  may  require  such  evidence,  under  oath  or  affirma- 
tion, in  regard  to  the  legality  of  the  election  and  the  quali- 
fications of  the  person,  elected  county  superintendent,  as 
he  shall  deem  necessary,  and  then  shall  issue  the  com- 
mission to  the  person  properly  qualified,  who  received  the 
greatest  number  of  votes  ;  and  the  superintendent  of  com- 
mon schools,  when  engaged  in  the  investigations  of  objec- 
tions, filed  against  the  issuing  of  commissions  to  county 
superintendents,  shall  have  power  to  issue  subpoenas,  and 
administer  oaths,  and  any  person,  refusing  or  neglecting 
to  attend  and  give  evidence  at  such  investigation,  when 
legally  subpoenaed,  shall  be  liable  to  the  same  fines  and 
penalties,  as  if  he  had  refused  to  appear  and  give  evidence 
in  a  court  of  record,  and  the  costs  to  be  paid  by  the  party 
subpoenaing  the  witnesses.6 
To  what  objections  must  be  made. 

690.  The  objections  must  either  relate  to  the  legality 
and  validity  of  the  election,  or  to  the*  qualifications  of  the 
candidate.     Objections  grounded  on  the  disqualification  of 
the  person  selected,  are   i,  want  of  residence  ;  2,  want  of 
moral  character  ;  3,  want  of  physical  ability   to  discharge 
the  duties  of  the  office ;  4,  want  of  learning,  and,  5,  want 
of  professional  skill.7 

Salary  of  county  superintendents. 

691.  The  salary  of  each  county  superintendent  of  com- 
mon schools  shall  be  ten  dollars   for  each  of  the  first  one 


5.  Act  April  17,  1865,  Sec.  4,  P.  L.  62. 

6.  Act  April  17,  1865,  Sec.  4,  P.  L.  62. 

7.  School  Laws  and  Decisions,  page  248,  1903. 


COUNTY  SUPERINTENDENT  335 

hundred  schools  within  his  jurisdiction,  five  dollars  for 
each  school  above  one  hundred  and  not  over  two  hundred, 
and  two  dollars  each  for  each  school  above  two  hundred  : 
Provided,  That  the  salary  of  a  county  superintendent  shall 
in  no  case  be  less  than  one  thousand  dollars  per  annum, 
nor  more  than  two  thousand  dollars  per  annum  :  And 
provided  further,  That  in  all  counties  having  twelve  hun- 
dred square  miles  of  territory,  or  a  school  term  exceeding 
seven  and  one-half  months,  the  salaries  of  said  superintend- 
ents shall  not  be  less  than  fifteen  hundred  dollars  :  And 
provided  further.  That  a  convention  of  school  directors, 
assembled  for  the  purpose  of  electing  a  county  superintend- 
ent, may  vote  him  a  salary  greater  than  the  amout  he 
would  receive  by  this  act,  such  increase  to  be  in  all  cases 
taken  out  of  the  school  fund  appropriated  for  the  county 
thus  voting.8 
How  paid. 

692.  The  salary  of  the  county  superintendent  shall  be 
paid  by  the  superintendent  of  common  schools,  by  his  war- 
rant drawn  upon  the  state  treasurer,  in  half-yearly    install- 
ments if  desired.9 

Vacancies.     How  filled. 

693.  All  the  vacancies  in  the  office  of  county  superin- 
tendent shall  be  filled   by  the  appointment  of  the  superin- 
tendent of  common  schools,  until  the   next   triennial  con- 
vention of  directors  ;  when  any  existing  vacancies  shall  be 
filled  by  election  in  the  usual  manner,  for  the  full  term  of 
three  years.10 

Qualifications  of  county  superintendent. 

694.  No  person  shall  hereafter  be  eligible  to  the  office 
of  county,  city  or  borough  supertendent,  in  any  county  of 
this  Commonwealth,  who  does  not  possess  a  diploma   from 
a  college,  legally  empowered  to  grant  literary  degrees  ;  a 
diploma  or  state  certificate,  issued,  according  to  law,  by  the 
authorities  of  a  state  normal  school ;  a  professional  certifi- 


8.  Act  May  17,  1901,  P.  L,.  262. 

9.  Act  May  8,  1854,  Sec.  39,  P.  L.  617. 

10.  Act  May  8,  1854,  Sec.  4,  P.  L.  617 


336  COMMON   SCHOOL   LAW 

cate  from  a  county,  city  or  borough  superintendent  of  good 
standing,  issued  at  least  one  year  prior  to  the  election,  or  a 
certificate  of  competency  from  the  state  superintendent  of 
common  schools  ;  nor  shall  such  person  be  eligible,  unless 
he  has  a  sound  moral  character,  and  has  had  successful  ex- 
perience in  teaching,  within  three  years  of  the  time  of  his 
election.11 
Test  of  qualification. 

695.  The  same  act  further  provides,  that  serving  as 
county,  city  or  borough  superintendent,  shall  be  deemed  a 
sufficient  test  of  qualification  ;  and  the  president  and  secre- 
tary of  each  convention  of  school  directors,  held  in  any 
county,  city  or  borough,  to  elect  a  county,  city  or  borough 
superintendent,  when  certifying  to  the  superintendent  of 
common  schools,  the  name  and  address  of  the  person  elected 
county,  city  or  borough  superintendent,  shall,  at  the  same 
time,  state  the  kind  and  character  of  the  evidence,  upon 
which  said  convention  relied,  for  proof  of  the  eligibility  of 
the  person  so  elected  ;  and  the  said  superintendent  of  com- 
mon schools,  if,  upon  the  examination  of  the  evidence  pre- 
sented, it  shall  prove  to  be  such  as  is  required  by  this  act, 
and  no  objection  made,  in  accordance  with  Section  4  of  the 
act,  approved  April  17,  Anno  Domini  1865,  shall. issue  a 
commission  to  the  person  elected  as  aforesaid,  as  now  re- 
quired by  law ;  but  if,  upon  examination  of  said  evidence 
of  competency  it  shall  not  prove  to  be  such  as  is  required 
by  this  act,  or  if  objection  be  made,  in  accordance  with  said 
section  of  the  act,  approved  April  17,  Anno  Domini  1865,  the 
said  superintendent  of  common  schools  shall  appoint  two  com- 
petent persons,  himself  being  the  third,  to  examine  the  per- 
son so  elected  county,  city  or  borough  superintendent,  and 
if,  upon  examination,  he  be  found  duly  qualified  for  the 
office,  the  said  superintendent  of  common  schools  shall 
issue  to  him  the  usual  commission  ;  but  if  not,  the  said 
superintendent  of  common  schools  shall  proceed,  in  like 
manner,  in  respect  to  the  .person  receiving  the  next  highest 
number  of  votes  in  the  convention  of  directors,  who,  if 


ii.     Act  April  9,  1867,  Sec.  13,  P.  L.  51. 


COUNTY  SUPERINTENDENT  337 

found  qualified,  shall  receive  the  commission  aforesaid,  as 
county,  city  or  borough  superintendent ;  but  if  his  qualifi- 
cations are  also  found  insufficient,  the  said  superintendent 
of  common  schools  shall  appoint,  with  the  advice  and  con- 
sent of  the  governor  of  the  Commonwealth,  some  other  per- 
son, with  the  required  qualifications,  county,  city  or  bor- 
ough superintendent  for  the  ensuing  term  of  such  office.12 

Serving  as  county,  city  or  borough  superintendent  not  an  absolute 
test. 

696.  In  this  case  A.  was  duly  elected,  commissioned 
and  served  as  the  county  superintendent  of  schools  of  Wayne 
county,  and  borough  superintendent  of  common  schools 
for  Hyde  Park  in  Lackawanna  County  ;  that  being  thus 
qualified  he  was  on  June  29,  1878,  elected  city  superinten- 
dent of  common  schools  of  the  city  of  Scranton,  for  the 
term  of  three  years.  A  return  of  said  election  was  made 
to  Wickersham,  superintendent  of  public  instruction,  whose 
duty  it  became,  within  thirty  days,  to  issue  a  commission 
to  A.  provided  no  objections  had  been  received  or  made.  In 
this  case  objections  were  filed  to  the  issuing  of  the  commis- 
sion, signed  by  eight  citizens  and  taxpayers  of  the  city  of 
Scranton,  alleging  that  A.  did  not  possess  the  literary  and 
scientific  requirements  demanded  by  the  common  school 
law  of  the  state  and  that  he  did  not  possess  a  sound  moral 
character,  such  as  is  contemplated  in  the  act  of  assembly  and 
as  is  imperatively  demanded  by  public  opinion  and  the  high 
officer  in  question. 

The  superintendent  of  public  instruction  then  pro- 
ceeded under  Section  13  of  the  act  of  April  9,  1867,  P.  L. 
51,  "to  appoint  two  competent  persons,  himself  the  third, 
to  examine  the  person  so  elected  county,  city  or  borough 
superintendent."  After  an  examination  the  committee  re- 
ported that  they  believed  that  A.  did  not  possess  the  liter- 
ary qualifications  specified  by  law,  and  which  are  required 
for  the  successful  discharge  of  the  duties  of  the  office  to 
which  he  has  been  elected.  No  commission  was  issued  and 
on  appeal,  the  Supreme  Court  said  that  it  is  clear  that  it  is 


12.     Act  April  9,  1867,  Sec.  13,  P.  L.  51. 


338  COMMON   SCHOOL   LAW 

only  where  no  objections  are  interposed,  that  serving  as 
county,  city  or  borough  superintendent  of  public  schools 
shall  be  deemed  a  sufficient  test  of  qualification.  Such 
service  may  have  shown  that  the  candidate  was  entirely 
disqualified.13 

Superintendent  of  public  instruction  required  to  issue  a  commis- 
sion to  teachers  who  hold  a  professional  certificate,  when 
elected  as  county,  city  or  borough  superintendent. 

697.  In  reply  to  an  application  by  the  superintendent 
of  public  instruction  for  advice  in  issuing  commissions  to 
teachers  elected  as  superintendents,  Attorney-General  Hen- 
sel  said  :  "  I  am  in  receipt  of  your  communication  of  May 
27,  inquiring  whether  you  can  legally  withhold  the  com- 
mission from  the  duly  elected  superintendent  of  schools  in 
Shenandoah  borough,  who  holds  a  professional  certificate, 
because  certain  branches  taught  in  the  schools  of  that  bov- 
ough  are  not  included  among  those  upon  his  certificate  ; 
and  whether  the  law  requires  of  any  superintendent  of 
schools  qualifications  beyond  those  expressed  in  a  valid 
professional  certificate. 

Section  13  of  the  act  of  April  9,  1867,  provides  that 
'  No  person  shall  hereafter  be  eligible  to  the  office  of 
county,  city  or  borough  superintendent,  in  any  county  of 
this  Commonwealth,  who  does  not  possess  a  diploma  from 
a  college  legally  empowered  to  grant  literary  degrees,  a 
diploma  or  state  certificate  issued  according  to  law  by  the 
authorities  of  a  state  normal  school,  or  professional  certifi- 
cate from  a  county,  city  or  borough  superintendent  of  good 

standing.' '  Nor  shall  such  person  be  eligible  unless 

he  has  a  sound  moral  character,  and  has  had  successful  ex- 
perience in  teaching  within  three  years  of  the  time  of  his 
election.'  Your  communication  states  that,  in  the  case  to 
which  it  relates,  the  election  was  due  and  legal  ;  that  the 
person  elected  holds  a  professional  certificate  which,  I  as- 
sume, has  been  duly  issued,  and  it  is  to  be  presumed  that 
he  has  a  sound  moral  character,  and  has  had  successful  ex- 
perience in  teaching  within  three  years  of  the  time  of  his 
election.  These  fill  the  full  measure  of  the  legal  require- 


13.     Commonwealth  vs.  Wickersham,  90  Pa.  311,  1879. 


COUNTY   SUPERINTENDENT  339 

merits.  There  is  no  provision  of  law  requiring  of  any  sup- 
erintendent of  schools  qualifications  beyond  those  expressed 
in  a  valid  professional  certificate,  nor  is  there  any  specifica- 
tion that  such  certificate  must  include  all  the  branches 
taught  in  the  schools  of  the  borough,  city  or  county,  to 
which  he  has  been  elected  superintendent.14 

Eligibility  of  county,  city  or  borough  superintendent. 

698.  The  opinion  to  Hon.  Nathan  C.  Schaeffer,  state 
superintendent  of  public  instruction  by  Deputy  Attorney- 
General  Fleitz,  was  as  follows  :  "I  have  before  me  your 
letter  of  recent  date,  enclosing  the  certificate  of  election  of 
A.  as  superintendent  of  the  public  schools  of  the  city  of 
Johnstown,  as  well  as  a  petition  signed  by  a  number  of  the 
school  directors  of  said  city,  protesting  against  the  issuing 
of  a  commission  by  you  to  the  said  A.,  and  alleging  that 
he  is  ineligible  under  the  law,  for  the  reason  that  he  has 
not  taught  in  the  public  schools  of  the  state  within  the 
past  three  years.  It  appears,  however,  from  the  papers  in 
the  case,  that  A.  has  taught  successfully  at  Lafayette  col- 
lege, situated  at  Easton,  and  the  University  of  Pennsylva- 
nia, at  Philadelphia,  during  his  time. 

In  response  to  your  request  for  an  official  opinion  as 
to  whether  or  not  you  can  legally  issue  a  commission  to  A. 
as  the  duly  elected  superintendent  of  schools  in  Johnstown, 
I  beg  to  submit  the  following  :  Section  13  of  the  act  of 
April  9,  1867,  P.  L.  51,  provides  that  'no person  shall  here- 
after be  eligible  to  the  office  of  county,  city  or  borough  su- 
perintendent in  any  county  of  this  Commonwealth,  who 
does  not  possess  a  diploma  from  a  college  legally  empow- 
ered to  grant  literary  degrees,  a  diploma  or  state  certificate 
issued  according  to  law  by  the  authorities  of  a  state  normal 
school,  a  professional  certificate  from  a  county,  city  or  bor- 
ough superintendent  of  good  standing Nor  shall  any 

such  person  be  eligible  unless  he  has  a  sound  moral  char- 
acter, and  has  had  successful  experience  in  teaching  within 
three  years  of  the  time  of  his  election.' 


14.     Borough  School  Superintendent,  13  Pa.  C.  C.  458,  1893. 


34°  COMMON   SCHOOL   LAW 

There  is  nothing  in  your  communication  or  the  papers 
before  me  to  show  that  the  election  of  A.  was  not  clue  and 
legal  in  every  respect.  The  certificate  of  election,  signed 
by  the  president  and  secretary  of  the  board,  complies  with 
the  requirements  of  the  law  in  every  particular,  and  it  is 
to  be  presumed,  in  the  absence  of  proof  to  the  contrary, 
that  the  full  measure  of  the  legal  requirements  has  been 
filled.  The  language  of  the  act  above  quoted  by  no  means 
bears  out  the  contention  that  the  teaching  required  during 
the  three  years  prior  to  election  should  be  done  in  the  pub- 
lic or  common  schools  of  the  state  ;  indeed,  it  would  be  a  man- 
ifest absurdity  to  insist  that  a  person  qualified  to  teach  suc- 
cessfully in  the  higher  institutions  of  learning  should  be  ex- 
cluded from  holding  the  position  of  superintendent  of  pub- 
lic schools,  while  a  teacher  in  the  common  schools  would 
be  eligible.  The  intent  of  the  act  was  clearly  to  provide 
that  only  persons  of  experience  in  teaching  should  be  eli- 
gible to  superintend  those  engaged  therein.  There  is 
nothing  whatever  in  this  case  which  would  indicate  that, 
even  technically,  A.  is  not  entitled  to  his  commission. 

I  therefore  advise  and  instruct  you  that  upon  the  facts 
submitted  to  me,  it  is  your  duty  to  issue  the  commission.'"5 

Branches  to  be  taught. 

699.  It  shall  be  the  duty  of  each   county  superintend- 
ent to  see  that  in  every  district  there  shall    be  taught   or- 
thography, reading,  writing,  English  grammar,  geography, 
arithmetic,0  physiology,  hygiene*  and  a  system  of  humane 
education  which  shall  include  kind  treatment  of  birds  and 
animals/  l6 

Examination  of  teachers. 

700.  It  shall  be  the  duty  of  the  county  superintendent 
to  examine  all  the  candidates  for  the  profession  of  teacher, 
in  the  presence  of  the   board    of  directors    or   controllers, 
should  they  desire  to  be  present,  to  whom  they  shall  first 


15.  Superintendent  of  Public  Schools,  14  D.  R.  635,  1905. 

16.  a.  Act  May  8,  1854,  Sec.  38,  P.  L.  617. 

b.  Act  April  2,  1885,  P.  L.  7. 

c.  Act  March  27,  1905,  P.  L.  60. 


COUNTY   SUPERINTENDENT  341 

apply  in  his  county,  and  to  give  each  person  found  quali- 
fied a  certificate,  setting  forth  the  branches  of  learning  he 
or  she  is  capable  of  teaching  ;  and  such  examination  and 
certificate  shall  be  renewed  as  often  as  any  such  teacher 
shall  be  employed  in  teaching  any  branch  of  learning  other 
than  those  enumerated  in  his  or  her  certificate,  and  no 
teacher  shall  be  employed  in  any  school  to  teach  other 
branches  than  those  set  forth  in  the  certificate.17 
Superintendent  required  to  examine  teachers. 

701.  The  school  directors  requested  A.  to  teach  a  cer- 
tain school  in  their  township,  whereupon  she  applied  to 
the  county  superintendent  to  examine  her,  and  if  found 
qualified,  to  give  her  a  certificate.  The  request  was  de- 
clined by  the  county  superintendent  for  the  reason  that  h'is 
rules  and  regulations  which  were  published  in  the  leading 
newspapers,  provided  that  there  should  be  no  other  exam- 
inations for  the  year  1900,  and  no  special  examinations  ex- 
cept in  urgent  need  to  fill  vacancy  which  cannot  otherwise 
be  filled.  In  reviewing  the  case,  Justice  Clark  said  :  "  It 
cannot  be  doubted  that  the  county  superintendent  is  re- 
quired by  law  to  examine  all  the  candidates  for  the  profes- 
sion of  teacher  (in  the  presence  of  the  board  of  school  directors 
or  controllers  should  they  desire  to  be  present,  to  whom  they 
shall  first  apply  in  his  county)  and  to  give  to  each  person 
found  qualified  a  certificate,  setting  forth  the  branches  of 
learning  he  or  she  is  capable  of  teaching,''  etc.  It  is  well 
settled  that  those  who  accept  public  office  or  employment 
are  bound  to  discharge  the  duties  required  of  them  by  law, 
or  assign  such  reason  for  the  refusal  as  shall  be  deemed  suffi- 
cient by  the  tribunal  appointed  to  decide.  It  is  equally  well 
settled  that  it  is  only  where  a  discretionary  power  is  given 
to  do  or  omit  any  particular  act  that  the  refusal  or  omission 
can  be  justified  by  a  general  averment  of  causes  not  specified, 
but  which  are  deemed  sufficient  by  the  party  refusing  to 
act.  In  regard  to  the  duty  of  examining  the  candidates  for 
teachers,  there  was  no  discretion  reposed  in  the  county  su- 
perintendent. In  this  respect  the  law  is  imperative  and 


17.     Act  May  8,  1854,  Sec.  41,  P.  L.  617. 


342  COMMON   SCHOOL   LAW 

nothing  can  justify  a  refusal  to  perform  it,  except  in  the 
cases  of  candidates  of  known  or  proved  immoral  character 
or  habits,  no  matter  what  their  literary  or  professional 
claims  may  be.  The  examination  of  persons  thus  disquali- 
fied, and  to  whom  no  certificate  could  issue,  would  be  but 
a  waste  of  time.  In  the  case  at  bar,  no  claim  has  been 
made  by  the  respondent,  at  least  it  does  not  appear  in  his 
answer,  that  A.,  the  applicant,  is  a  person  of  immoral  char- 
acter or  bad  reputation,  nor  was  the  refusal  of  the  county 
superintendent  to  examine  her  based  upon  any  such  charges. 

There  is  nothing  in  the  school  laws  of  this  Common- 
wealth in  respect  to  the  time  when  such  examinations  shall 
be  held,  and  while  I  am  ready  to  concede,  by  implication,  the 
authority  of  county  superintendents  to  establish  reasonable, 
proper  and  necessary  rules  and  regulations  in  the  perform- 
ance of  duties  required  by  them  by  virtue  of  their  employ- 
ment, election  or  appointment,  and  such  as  are  not  incon- 
sistent with  the  laws  relating  thereto,  and  while  such  super- 
intendents may  determine  the  dates  on  which  they  shall 
hold  their  examinations  by  complying  with  the  requi- 
sites of  the  law,  I  shall  hold  that  there  is  no  provision 
whatever  in  the  law  which  will  permit  a  superintendent  to 
fix  an  arbitrary  rule  or  regulation  by  which  applicants  may 
be  excluded  from  undergoing  an  examination  at  any  subse- 
quent date,  except  in  cases  of  applicants  of  known  or  proved 
immoral  habits.18 
Countersigning  teachers'  certificate. 

702.  A's  school  directors  certified  that  he  had  taught 
four  annual  school  terms  in  the  district  and  that  they  con- 
sidered him  well  qualified  as  a  teacher,  morally,  intellectually 
and  professionally,  and  recommended  the  State  Normal 
School  at  Shippensburg,  Pennsylvania,  to  grant  him  a 
teachers'  state  certificate. 

This  endorsement  of  the  school  board  then  established 
the  fact  that  A.  had  complied  with  the  requirements  of  the 
Act  May  20,  1857,  P.  L.  581. 


18.     Stroup's  Petition,  10  D.  R.  301,  1901. 


COUNTY   SUPERINTENDENT  343 

The  county  superintendent  refused  to  countersign  the 
school  board's  certificate  purely  upon  his  deliberate  and  con- 
scientious judgment,  formed  in  his  official  capacity,  from 
personal  supervision  and  inspection  of  A's  work  as  a  teacher. 
The  superintendent  did  not  specify  in  what  respect  A's  work 
as  a  teacher  was  deficient,  or  designate  any  failure  to  dis- 
charge the  duties  of  a  teacher. 

In  reviewing  the  case  the  court  held  that  the  reason 
advanced  by  the  superintendent  to  countersign  the  certifi- 
cate.when  requested  are  simply  the  opinions  and  conclu- 
sions of  the  superintendent  in  regard  to  the  ability  and  effi- 
ciency of  A.  as  a  teacher,  without  any  particularization  what- 
ever of  facts  warranting  or  forming  a  basis  for  such  opinions 
and  conclusions.  The  act  required  to  be  done  in  the  coun- 
tersigning of  the  certificate,  is  a  mere  ministerial  act ;  it  is 
not  an  act  to  be  done  under  the  deliberative  or  discretionary 
powers  of  the  county  superintendent.  The  duties  of  this 
office,  like  that  of  a  controller  of  a  city,  are  partly  minis- 
terial and  partly  discretionary,  and  while  the  courts  will  not 
review  his  discretion,  exercised  in  a  proper  case,  yet  he  is 
not  above  the  law,  and  his  discretion  is  not  arbitrary,  but 
legal:  Com.  vs.  Phila.,  176  Pa.  588 

It  is  the  directors,  in  whose  employ  the  teacher  is,  who 
are  to  certify  to  his  good  moral  character,  experience  and 
proficiency  in  teaching,  and  the  certificate  is  to  be  u  coun- 
tersigned "  by  the  county  superintendent.  The  directors 
have  the  requisite  knowledge  of  the  facts  to  be  certified,  and 
their  act  is  not  to  be  attested  by  the  superintendent  to  val- 
idate it. 

The  word  "  countersign  "  used  in  the  act  does  not  mean 
to  recommend  or  endorse,  but  to  attest  or  authenticate,  "  to 
authenticate  by  an  additional  signature."  Anderson's  Die. 
of  Law,  270.  7  Am.  and  Eng.  Ency.  of  Law  (2  ed.)  897. 

If  the  act  of  assembly  prescribed  that  the  certificate 
should  be  given  by  the  county  superintendent,  then  his  act 
would  be  discretionary,  and  a  refusal  to  sign  the  certificate 
would  not  be  reviewable  by  the  court.  He  was  not  asked 


344  COMMON   SCHOOL   LAW 

to  certify  to  the  facts  stated   in  the  certificate,  but  only  to 

countersign  the  same.'9 

When  certificate  may  be  annulled. 

703.  The  county  superintendent  may   annul  any    cer- 
tificate given  by  him   or  his  predecessor  in  office,  when  he 
shall  think  proper,  giving  at  least  ten  days'  previous  notice 
thereof,  in  writing,  to  the  teacher  holding   it,  and   to  the 
directors  and  controllers  of  the  district  in  which  he  or   she 
may  be  employed.20 

Legal  requirements  to  remote  a  teacher  on  "  Ten  Days'  Notice." 

704.  In  this  case  the  plaintiff  is  a  public  school  teacher 
in  the  city  of  Reading,  holding  a  professional  certificate  is- 
sued to  him  by  defendant  as  superintendent  of  the    schools 
of  said  city.     On  July  6,  last,  the  latter  notified  plaintiff 
that  he  proposed   to  annul  said   certificate  on  July  16,  the 
power  to  do  which  he  claims  by   virtue  of  the   proviso  to 
Sec.  41,  act  May  8th,  1854,  P.  L.  617.     Let  it  be  granted 
for  present  purposes,  that  that  proviso  stands  unrepealed  by 
act  April  9,  1867,  Sees,  n  and  12,  and  applies  to  certificates 
issued  since  that  enactment.     It  is  clear  that  any  certificate 
granted  to  a  teacher  is  a  "license"  (see  Sec.  12)  to  him  to 
pursue  a  certain  avocation  and  to  seek  a  certain  public  em- 
ployment, which,  without  it,  he  cannot  pursue  or  seek.   That 
right  during  the  period  for  which  the  certificate  is  granted  to 
him,  is  a  valuable  property  in  his  hands,  just  as  right  to  prac- 
tice as  an  attorney  of  a  court  is  property  in  the  hands  of  him 
who  has  been  admitted  to  it :    Ex  parte  Steinman,  95  Pa. 
220.     The  annulment  of  a  teacher's   certificate  is  the  de- 
struction of  his  property.      No  man,  in   this  state,  can  be 
deprived  of  his  property  except  by  a  proceeding  judicial  in 
its  nature,  and  as  such  involving  as  an  indispensable  requi- 
site an  opportunity  of  being  heard  :     Brown  vs.    Hummel, 
6  Pa.  86,  91  ;  Craig  vs.  Kline,  65  Pa.  399  ;  Palairet's  App., 
67  Pa.  479 ;  Philadelphia  vs.  Scott,  81   Pa.   80.      That  op- 
portunity the  act  of  May  18,   1854,  P.   L.  617,  Sec.    41, 


19.  Donaldson  vs.  York  County  School  Superintendent,   8  D.   R.    185, 

1899. 

20.  Act  Ma>  8,  1854,  Sec.  41,  P.  L,.  617. 


COUNTY   SUPERINTENDENT  345 

secures  to  a  teacher  in  the  provision  for  notice  to  him  pre- 
vious to  the  annulment  of  his  certificate  ;  for,  as  was  pointed 
out  by  Mr.  Justice  Field  in  Windsor  vs.  McVeigh,  93  U.  S. 
274,  the  requirement  of  notice  necessarily  implies  the  rightto 
appear  and  be  heard.  Remembering  that  the  effect  of  an  an- 
nulment of  a  certificate,  in  the  case  of  one  whose  profession 
is  that  of  a  public  teacher,  and  who  has  passed  that  period  of 
life  when  he  can  turn  his  hand  to  anything,  means  the  de- 
struction of  his  livelihood,  it  is  surely  true  that  the  notice 
and  opportunity  for  hearing  prescribed  by  the  statute  are 
conditions  precedent  to  the  exercise  of  the  power  of  annul- 
ment given  by  it.  Where,  however,  a  thing  to  be  done  is 
a  condition  precedent  to  the  exercise  of  a  power  granted,  it 
is  essential  to  the  existence  of  the  power,  and  being  of  the 
essence  thereof,  must  be  strictly  observed  :  Norwegian  Str., 
8 1  Pa.  349  ;  Reading  vs.  Krause's  Est,  167  Pa.  23.  If  it 
is  not,  the  attempt  to  exercise  the  power  cannot  be  other- 
wise than  ultra  vires.  Now,  whilst  a  public  officer  clothed 
with  a  discretion  is  not,  when  proceeding  in  conformity 
with  the  statute,  liable  to  be  controlled  by  the  courts  in  the 
exercise  of  that  discretion,  Runkle  vs.  Com.,  97  Pa.  328  ; 
Dechert  vs.  Com.,  113  Pa.,  229,  if  he  attempts  that  which 
is  ultra  vires,  the  courts  will  restrain  him  by  injunction  : 
Roth  vs.  Marshal,  158  Pa.  272,  274  ;  2  High  Inj.  Sec.  1309  ; 
i  Spelling,  Extraord.  Relief,  Sec.  609. 

Sec.  4 1,  Act  of  May  8, 1854,  P.  L.  617,  empowers  the  super- 
intendent to  annul  the  certificate  treated  of  in  the  preceding 
part  of  the  section,  "  giving  at  least  ten  days'  previous  notice 
thereof,  in  writing,  to  the  teacher  holding  it,  etc."  The 
unmistakable  meaning  of  this  language  is,  that  the  teacher 
whose  certificate  it  is  intended  to  annul  shall  have  notice 
of  that  intention  preceding  its  consummation,  and  ten  days 
from  the  giving  of  the  notice  within  which  to  be  heard  in 
his  defence.  The  meaning  of  the  law  is  the  law  itself : 
Reiser  vs.  Sav.  F.  Ass'n.,  39  Pa.  137,  144.  Where  a  thing 
is  to  be  done  within  a  certain  period  from  a  given  date,  the 
rule  established  in  this  state  down  to  and  including  Gos- 
wiler's  Est.  3  P.  &  W.  200,  was  that  the  day  from  which 


346  COMMON   SCHOOL   LAW 

the  reckoning  begins  is  excluded  from  the  computation  of 
the  period  allowed. 

The  defendant,  as  superintendent,  claiming  the  power 
to  annul  plaintiff's  certificate  under  and  in  accordance  with 
the  act  of  1854,  Sec.  41,  was  bound  to  notify  him  of  the  in- 
tended exercise  of  that  power,  and  to 'give  him  at  least  ten 
days  from  the  date  of  such  notice  to  be  heard  in  his  defense, 
excluding  the  day  of  the  notification  and  including  the 
whole  of  the  tenth  day  thereafter,  before  the  expiration  of 
which  the  intended  action  could  not  lawfully  be  taken  ;  on 
July  6,  defendant  notified  plaintiff  that  on  July  16  his  certifi- 
cate would  be  annulled  ;  assuming  that  such  a  declaration 
did  not  negative  a  willingness  to  hear  any  defense  that 
might  be  presented,  defendant  thus  gave  plaintiff  only  nine 
entire  days  within  which  to  present  it,  This  was  not  a 
compliance  with  the  requisition  of  the  statute,  and  as  with- 
out compliance  therewith  there  is  no  power  of  annulment 
under  the  same,  the  attempted  exercise  of  that  power  by 
defendant  in  this  case  must  be  held  to  be  ultra  vires.21 
When  certificate  shall  not  be  granted. 

705.  No  person  shall  receive  a  certificate  as  a  teacher 
from  a  county,  city  or  borough  superintendent  who  is  in 
the  habit  of  using  as  a  beverage  any  intoxicating  drinks.22 
Power  of  county  superintendent  under  the  act. 

706.  Kell  had  been  a  teacher  for  ten  years  and  appeared 
before  Rudy,  county  superintendent,  to  be  examined  for  a 
professional  certificate.     Rudy  certified  that  Kell  had  passed 
the  examination,  but  refused  to  certify  that  Kell  was  a  man 
who  was  not  in  the  habit  of  using  intoxicants  as  a  bever- 
age or  that  he  was  of  good  moral  character.     Kell  then  pe- 
titioned the  court  to  compel  the  county  superintendent  to 
issue  a  certificate  to  him.     The  lower  court  decided   that 
Kell  was  entitled  to  his  certificate. 

An  appeal  to  the  Superior  Court,  President  Judge 
Rice,  in  reversing  the  lower  court,  said,  in  part :  "  The 
4ist  Section  of  the  Act  of  May  8,  1854,  P.  L,.  617,  makes  it 


21.  Scheibner  vs.  Baer,  174  Pa.  482,  1896. 

22.  Act  April  9,  1867,  Sec.  n,  P.  L-  51. 


COUNTY   SUPERINTENDENT  .     347 

the  duty  of  the  county  superintendent  to  examine  candidates 
for  the  profession  of  teachers,  and  to  give  each  person  found 
qualified  a  certificate  setting  forth  the  branches  of  learning 
he  or  she  is  capable  of  teaching.  The  same  section  gives 
him  authority  to  annul  any  such  certificate  given  by  him 
or  his  predecessor  in  office,  when  he  shall  think  proper, 
giving  -at  least  ten  days'  previous  notice  to  the  teacher  and 
to  the  directors  where  he  is  employed.  Section  1 1  of  the 
Act  of  April  9,  1867,  P.  L.  55,  provides  that  no  teacher 
shall  receive  from  a  county,  city  or  borough  superintendent 
a  certificate  as  a  teacher  who  has  not  a  fair  knowledge  of 
certain  specified  branches,  and  the  theory  of  teaching ; 
"  nor  shall  such  certificate  be  given  to  any  person  in  the 
habit  of  using  as  a  beverage  any  intoxicating  drinks."  The 
officer  who,  under  the  law,  is  to  decide  whether  the  appli- 
cant has  the  educational  qualifications  specified  in  the  first 
part  of  the  section  is  the  superintendent ;  and  it  is  clear 
that  there  is  no  appeal  from  his  decision  in  that  matter  to 
the  judgment  of  the  court  or  a  jury.  Being  forbidden  by 
law  to  issue  a  certificate  to  one  who  is  in  the  habit  of  using 
intoxicants  as  a  beverage,  it  is  equally  clear  that  it  is  within 
his  province  to  see  that  the  policy  of  the  law  in  this  regard 
is  carried  out.  The  power  to  annul  a  certificate  for  proper 
cause  would,  of  itself  and  without  more,  imply  a  power  to 
refuse  a  certificate  for  proper  cause.  The  law  is  binding 
upon  his  conscience,  and  the  performance  of  his  duty  re- 
quires the  exercise  of  judgment  and  discretion.  To  say 
then  that  his  duty  to  issue  the  certificate,  if  he  finds  that  the 
applicant  possesses  the  educational  qualifications,  is  purely 
ministerial,  is  to  deny  to  him  the  power  which  the  legis- 
lature has  clearly  made  it  his  duty  to  exercise  when  per- 
sonal knowledge  or  a  due  investigation  convinces  him  that 
the  applicant  is  otherwise  legally  disqualified.  It  seems 
too  plain  for  argument  that  the  duty  of  the  superintendent 
is  not  merely  ministerial." 

"The  learned  judge  below  concedes  that,  if  the  applicant 
is  a  person  of  known  immoral  character  or  a  known 
habitual  drinker  of  intoxicants,  the  county  superintendent 
would  have  a  right  to  refuse  him  a  certificate.  Having 


348     •  COMMON   SCHOOL   LAW 

power  for  sufficient  reason  to  refuse  a  certificate,  he  must, 
necessarily,  have  the  power — and  it  is  his  duty  to  exercise 
it — to  ascertain  and  determine  whether  the  reasons  exist, 
for  the  power  is  vested  nowhere  if  it  is  not  vested  in  him. 
If  this  be  so,  the  finality  of  his  decision  does  not  depend 
upon  its  absolute  correctness.  But,  it  is  argued,  the  super- 
intendent cannot  arbitrarily  refuse  a  certificate  upon  such 
grounds  without  giving  the  applicant  a  hearing  and  an  op- 
portunity to  refute  the  charge.  We  assent  to  this  unqual- 
ifiedly ;  but,  where,  and  before  whom  is  he  entitled  to  a 
hearing  ?  Manifestly  the  superintendent  is  the  officer  to 
hear  and  decide.  Certainly  no  fair  minded  superintendent 
would  refuse  a  certificate  upon  mere  rumor,  or  even  direct 
information,  without  giving  the  applicant  a  hearing  upon  a 
matter  which  so  closely  affects  his  reputation  and  means  of 
livelihood. 

"Except  in  extreme  cases  the  courts  have  refused  to  con- 
trol the  discretion  of  those  to  whom  has  been  committed  the 
execution  of  the  common  school  laws  of  the  Common- 
wealth. Com.  ex  rel.  Sherry  vs.  Jenks,  154  Pa.  368  ; 
Hysong  vs.  School  District,  164  Pa.  629  ;  Roth  vs.  Mar- 
shall, 158  Pa.  272;  Freeman  vs.  School  Directors,  37  Pa.  385; 
Whitehead  vs.  School  District,  145  Pa.  418  ;  Wharton  vs. 
School  Directors,  42  Pa.  358;  School  Directors  vs.  Anderson, 
45  Pa.  388  ;  Com.  vs.  Shaw,  96  Pa.  268,  are  but  a  few  of  the 
many  cases.  Speaking  of  the  power  of  a  board  of  directors 
'to  dismiss  a  teacher,  Mr.  Justice  Clark  said  :  "  The  board, 
by  the  statute,  is  empowered  both  to  employ  teachers,  and, 
for  any  one  of  these  causes,  to  dismiss  them.  It  would 
greatly  impair  the  government  and  efficiency  of  the  com- 
mon schools,  if  the  honest  judgment  and  discretion  of  the 
board,  exercised  in  good  faith,  could  be  reviewed  and  re- 
versed by  a  jury;  Such  a  policy  would  place  the  practical 
management  and  control  of  the  schools  on  very  precarious 
and  uncertain  ground.  Every  consideration  of  private 
interest,  or  of  public  policy,  requires  that  this  quasi  judicial 
power  of  the  board  should  be  recognized.  The  absolute 
impossibility  of  placing  the  jury  in  the  position  of  the 
school  board,  with  the  school  and  its  instructor  before 


COUNTY   SUPERINTENDENT  349 

them,  demonstrates  the  fact  that  it  would  be  unwise  and 
impracticable  to  do  otherwise  :  "  McCrea  vs.  School  Dis- 
trict, 145  Pa.  550.  All  this  might  be  said,  with  equal  per- 
tinency, with  regard  to  the  action  of  a  county  superinten- 
dent in  refusing  a  certificate  for  a  legal  reason.  His  duties 
and  responsibilities  are  great.  Upon  his  fearless,  impartial 
and  conscientious  discharge  of  them  must  depend,  to  a  very 
large  extent,  the  efficiency  of  the  public  schools  within  his 
district.  To  enable  him  to  perform  them  effectively,  the 
legislature  has  conferred  upon  him  powers  commensurate 
therewith.  In  his  province,  his  judgment  and  conscience 
are  as  free  from  outside  control,  except  in  the  mode  or  for 
the  cause  prescribed  by  the  statute,  as  those  of  a  judge  upon 
the  bench  ;  and,  while  we  have  not  to  do  with  the  policy 
or  expediency  of  the  law,  we  may  remark,  that  the  dangers 
which  are  incident  to  the  vesting  of  such  power  in  the 
hands  of  one  man  are  not  greater  than  would  be  the  evils 
if  every  unsuccessful  applicant  for  a  certificate  might  appeal 
from  his  decision,  and  have  the  question  to  his  educational 
or  moral  qualifications  tried  by  a  jury.  We  ought  not  to 
allow  ourselves  to  be  drawn  away  from  the  well  settled 
principles  governing  the  exercise  of  judicial  deliberative 
and  discretionary  powers  by  a  public  officer,  by  the  ap- 
parent hardship  of  particular  cases.  We  may  be  sure  that, 
if  experience  had  shown  that  the  power  committed  to 
county  superintendents  to  pass  upon  the  fitness  of  appli- 
cants for  teachers'  certificates  had  been  found  in  practice  to 
be  too  great,  the  legislature  would,  before  this,  have  applied 
the  proper  corrective."  23 

County  superintendent's  report  on  instruction  of  physiology  and 
hygiene. 

707.  It  shall  be  the  duty  of  county,  city,  borough 
superintendents,  and  boards  of  all  educational  institutions, 
receiving  aid  from  the  Commonwealth,  to  report  to  the 
superintendent  of  public  instruction  any  failure  or  neglect 
on  the  part  of  boards  of  school  directors,  boards  of  school 
controllers,  boards  of  education,  and  boards  of  all  educa- 
tional institutions,  receiving  aid  from  the  Commonwealth, 

23.     Kell  vs.  Rudy,  i  Pa.  Superior  Ct.  507,  1896. 


350  COMMON   SCHOOL   LAW 

to  make  proper  provision  in  any  and  all  of  the  schools  or 
districts  under  their  jurisdiction,  for  instruction  in  physi- 
ology and  hygiene,  which,  in  each  division  of  the  subject 
so  pursued,  gives  special  reference  to  the  effects  of  alcoholic 
drinks,  stimulants,  and  narcotics  upon  the  human  system, 
as  required  by  this  act ;  **  and  such  failure  on  the  part  of  di- 
rectors, controllers,  boards  of  education,  and  boards  of  edu- 
cational institutions,  receiving  money  from  the  Common- 
wealth, thus  reported,  or  otherwise  satisfactorily  proven, 
shall  be  deemed  sufficient  cause  for  withholding  the  war- 
rant for  state  appropriation  of  school  money  to  which  such 
district  or  educational  institution  would  otherwise  be  en- 
titled.2* 

Duty  of  county  superintendent  on  failure  of  school  board  to  pro- 
vide competent  teachers.  When  state  appropriation  with- 
held or  forfeited. 

708.  In  case  the  board  of  directors  or  controllers  shall 
fail  to  provide  competent  teachers  to  teach  the  several 
branches  above  specified,26  it  shall  be  the  duty  of  the  county 
superintendent  to  notify  the  board  of  directors  or  controllers, 
in  writing,  of  their  neglect,  and  in  case  provision  is  not 
made  forthwith  for  teaching  the  branches  aforesaid,  to  re- 
port such  facts  to  the  superintendent  of  common  schools, 
whose  duty  it  shall  be  to  withhold  any  warrant  for  the 
quota  of  such  district  of  the  annual  state  appropriation, 
until  the  county  superintendent  shall  notify  him  that  com- 
petent teachers  of  the  branches  aforesaid  have  been  em- 
ployed. And  in  case  of  neglect  or  refusal  of  the  board  of 
directors  or  controllers  to  employ  such  competent  teachers 
as  aforesaid,  for  one  month  after  such  notification  by  the 
county  superintendent  that  such  teachers  have  not  been 
provided,  such  district  shall  forfeit  absolutely  its  whole 
quota  of  the  state  appropriation  for  that  year. 27 


24.  See  Supra  COMMON  SCHOOL  BRANCHES,  Sec.  286,  NOTE  3 ; 

Sec.  i,  Act  April  2,  1885,  P.  L.  7. 

25.  Act  April  2,  1885,  Sec.  2,  P.  L.  7- 

26.  See  Supra  COMMON  SCHOOL  BRANCHES,  Sec.  286,  NOTE  2. 

27.  Act  May  8,  1854,  Sec.  38,  P.  L.  617. 


COUNTY   SUPERINTENDENT  351 

Duties  of  county  superintendent,  visiting  schools. 

709.  It  shall  be  his  duty  to  visit,  as  often  as  practic- 
able, the  several  school  of  his  county,  and  to  note  the  course 
and  method  of  instruction  and  branches  taught,  and  to  give 
such  directions  in  the  art  of  teaching  and  the  method  thereof 
in  each  school,  as  to  him,  together  with  the  directors  or  con- 
trollers, shall  be  deemed  expedient  and  necessary  ;  so  that 
each  school  shall  be  equal  to  the  grade  for  which  it  was  es- 
tablished, and  that  there  may  be,  as  far  as  practicable,  uni- 
formity in  the  course  of  studies  in  schools  of  its  several 
grades  respectively.28 

No  authority  to  teach  for  compensation. 

710.  It  shall  be  unlawful  for  any  person  holding  the 
office  of  county  superintendent  of  common  schools  to  en- 
gage in  the  business  or  profession  of  teaching  in  any  of  the 
schools  of  the  Commonwealth,  unless  it  be  done  without 
any  other  compensation   than   that  paid   them   as  county 
superintendent. 29 

Any  violation  of  the  provisions  of  this  act  on  the  part 
of  any  county  superintendent  shall  be  deemed  a  sufficient 
cause  for  removal  from  office  by  the  state  superintendent  of 
public  instruction.30 

School  directors'  expenses  paid  to  triennial  convention. 

711.  School  directors  of  this  Commonwealth  who  shall 
attend  the  triennial  convention  of  directors  for  the  purpose 
of  electing  a  county  superintendent,  as  provided  by  act  of 
May  eighth,  one  thousand  eight  hundred  and  fifty-four, 
shall  receive  one  dollar  each,  and,  in  addition  the  sum  of 
three  cents  for  every  mile  necessary  to  be  traveled  in  going 
to  and  returning  from  the  place  where  the  election  shall  be 
held,  the  amount  to  be  paid  by  the  school  treasurers  of  the 
respective  districts  on  the  proper  vouchers,  and  the  account 
to  be  audited  as  other  expenses.31 


28.  Act  May  8,  1854,  Sec.  37,  P.  I,.  617. 

29.  Act  April  26,  1893,  Sec.  i,  P.  L,.  24. 

30.  Act  April  26,  1893,  Sec.  2,  P.  I/.  24. 

31.  Act  March  18,  1899,  Sec.  I,  P.  L,.  n. 


352  COMMON   SCHOOL   LAW 

Misdemeanor  for  any  candidate  to  pay  director's  expenses  to  con- 
vention. 

712.  It  shall  be  deemed  a  misdemeanor  for  any  candi- 
date for  the  office  of  county  superintendent  to  pay  or  cause 
to   be  paid,  directly  or  indirectly,  any  part  of  the  expenses 
of  any  director  who  shall  attend  the  triennial  convention, 
and  on  conviction  thereof  such  candidate  shall  be  fined  a 
sum  not  less  than  fifty  nor  more  than  three  hundred  dollars, 
at  the  discretion  of  the  court.32 

County  commissioners  to  furnish  office  for  county  superintendent. 

713.  It  shall  be  the  duty  of  the  county  commissioners 
of  each  county  in  this  Commonwealth,  and  they  are  hereby 
authorized  and  required  to  provide,  furnish  and  maintain  fit 
and  suitable  office  rooms,  at  the  respective  county  seats  of 
said  counties,  for  the  use  of  the  county  superintendents  of 
schools  in  all  the  counties  of  the  Commonwealth  ;  and  the 
said  county  commissioners  shall   also  provide,  furnish  and 
maintain  safe  and  suitable  storage,  in  connection  with  such 
office  rooms,  for  the  preservation  and  safe-keeping  of  the 
school  records,  books    and  documents  pertaining  to  such 
offices.33 

Power  to  remove  county  superintendent. 

714.  The  superintendent  of  public  instruction  has  the 
power  to  remove  any  county  superintendent  for  the  neglect 
of  duty,  inconipetency,  or  immorality  and   to  appoint  an- 
other in  his  stead  until  the  next  triennial  convention  of 
directors.34 

County  superintendent  removed  for  neglect  of  duty  and  incom- 
petency. 

715.  A.  was  duly  elected  and  commissioned  as  county 
superintendent  of  common  schools  for  the  term  of  three 
years,   from   the  first  Monday   of  June,  1857  ;  he  entered 
upon  and  continued  to  perform  the  duties  of  his  office  until 
the  second  day  of  November,  1858,  when  he  received  the 
following   notice   from    the   superintendent  of  public  in- 
struction. 


32.  Act  March  18,  1899,  Sec.  2,  P.  L.  n. 

33.  Act  June  8,  1891,  Sec.  i,  P.  L.  228. 

34.  Act  May  8,  1854,  Sec.  46,  P.  L.  617. 


COUNTY  SUPERINTENDENT  353 

PENNSYLVANIA  DEPARTMENT  OF  COMMON  SCHOOLS, 

HARRISBURG,  NOVEMBER  2,  1858. 
Sir: 

You  are  hereby  removed  from  the  office  of  county 
superintendent  for  "neglect  of  duty  and  incompetency." 
You  will  immediately  deliver  to  your  successor  B,  the 
books  of  "  County  Certificates  "  and  "  Provisional  Certifi- 
cates "  in  your  hands,  and  the  marginal  references  or  "  du- 
plicates "  of  all  certificates,  of  either  kind,  issued  by  you 
since  the  first  Monday  in  June,  1857  ;  together  with  all 
other  official  records  or  documents  in  your  possession,  or 
under  your  control,  taking  his  receipt  from  the  same  in  de- 
tail ;  upon  the  presentation  of  which  at  this  department 
your  arrearages  of  salary  and  express  charges  will  be  adjusted. 
Your  obedient  servant, 

H.  C.  HICKOK, 
Superintendent  Public  Instruction. 

A.  had  not  received  any  previous  notice  of  any  charge 
against  him,  either  of  incompetency  or  neglect  of  duty,  nor 
had  any  been  made  The  superintendent  refused  to  specify 
any  fact,  mistake  or  act  of  commission  or  omission  upon 
which  the  charge  could  have  been  based,  or  give  him  a 
hearing. 

The  question  was  raised,  whether  the  power  of  re- 
moval of  county  superintendent,  vested  in  the  superintend- 
ent of  public  instruction  has  been  legally  exercised  in  this 
instance. 

In  delivering  the  opinion  of  the  court  Justice  Reed 
said,  in  part  :  "  The  whole  system  being  the  creature  of  the 
legislature,  it  was  within  their  power  to  have  made  the  county 
superintendents  removable  at  the  pleasure  of  the  governor, 
the  state  superintendent,  or  any  other  officer  or  body  that 
they  thought  proper.  Instead  of  this,  a  county  superin- 
tendent is  elected  by  a  convention  emanating  from  the  peo- 
ple, for  a  term  of  years,  and  holding  it,  in  fact,  upon  the 
tenure  of  good  behaviour.  If  not  guilty  of  neglect  of  duty, 
incompetency  or  immorality,  he  cannot  be  removed  by  the 
state  superintendent,  to  whom  that  power  has  been  intrusted 
by  the  legislative  will. 


354  COMMON   SCHOOL   LAW 

Where  an  appointment  is  during  pleasure,  or  the 
power  of  removal  is  entirely  discretionary,  there  the  will  of 
the  appointing  or  removing  power  is  without  control,  and 
no  reason  can  be  asked  for,  nor  is  it  necessary  that  any 
cause  should  be  assigned. 

But  that  is  not  the  rule  when  the  appointment  is  either 
during  good  behavior  for  a  limited  or  unlimited  period,  or 
where  the  removal  can  only  be  for  certain  specified  causes. 
In  this  case  it  is  acknowledged  that  there  was  no  charge  or 
specification  —  no  notice,  no  hearing,  no  evidence  produced, 
nor  any  opportunity  given  to  the  county  superintendent  to 
defend  himself.  All  these  were  necessary  before  a  removal 
could  take  place,  and  this  appears  to  have  been  the  con- 
struction originally  placed  by  the  state  superintendent,  upon 
the  section  of  the  Act  of  1854,  vesting  the  power  of  re- 
moval for  specified  causes  in  him. 

The  county  superintendent  of  Schuylkill  County 
was,  therefore,  removed  contrary  to  law  ;  and  as  the  ap- 
pointment of  a  successor  was  consequently  void,  A.  is  now 
and  always  has  been,  since  he  was  last  commissioned  by  the 
superintendent  of  public  instruction,  entitled  to  the  office, 
and  to  all  its  rights  and  emoluments."  35 

Duty  of  county  superintendent  to  call  together  all  the  directors  for 
certain  purposes. 

716.  It  shall  be  the  duty  of  each  county  superintendent 
of  schools  to  call  together,  during  the  school  year  beginning 
June,  one  thousand  nine  hundred  and  five,  and  annually 
thereafter,  at  the  county  seat,  or  some  other  suitable  place 
in  the  county,  all  the  school  directors  of  the  county,  for  the 
consideration  and  discussion  of  questions  pertaining  to 
school  administration.36 


35.  Field  vs.  Commonwealth,  32  Pa.  478,  1859. 

36.  Act  April  10,  1905,  Sec.  i,  P.  L.  139. 


CHAPTER    XXX. 

SUPERINTENDENT    OF   PUBLIC    INSTRUCTION. 

PAGE 

717.  State   superintendent  of  common  schools   to   be   appointed. 

Creation  of  office 355 

718.  Superintendent  of  public  instruction 355 

719.  Titte  and  term  of  office.     Pennsylvania  Constitution 356 

720.  Vacancies 356 

721.  Filling  vacancy  in  office  of  superintendent  of  public  instruc- 

tion   356 

722.  Security.     Powers  and  duties 357 

723.  To  settle  controversies 357 

724.  Duty  to  give  information  relative  to  schools  laws 357 

725.  Superintendent  to  sign  orders  for  state  appropriation 357 

726.  Duty  to  prepare  and  forward  blank  forms 358 

727.  Annual  report  to  the  legislature 358 

728.  Duty  to  provide  a  seal  and  appoint  clerks 358 

729.  Power  to  remove  county  superintendents 358 

730.  County  commissioners  to  report  the  number  of  taxables  359 

731.  Effect  of  commissioners'  neglect  of  duty 359 

732.  Errors 359 

733.  Superintedent  to  employ  lecturers  and  instructors  at  summer 

assemblies 359 

734.  Superintendent  authorized  to  employ  stenographer.     Salary...  360 

735.  Certain  documents  to  be  placed  in  each  public  school 360 

736.  Copies  for  distribution 360 

State  superintendent  of  common  schools  to  be  appointed.    Creation 
of  office. 

717.  That  from  and  after  the  first  Monday  in  June, 
Anno  Domini  one  thousand  eight  hundred  and  fifty-seven, 
the  department  of  common  schools  shall  be  detached  and 
remain  separate  from  the  office  of  the  secretary  of  the  Com- 
monwealth, and  a  superintendent  of  common  schools  shall 
be  appointed  by  the  governor  every  third  year,  by  and  with 
the  advice  and  consent  of  the  senate,  and  shall  hold  his 
office  from  the  first  Monday  of  June,  for  and  during  the 
term  of  three  years,  if  he  shall  so  long  behave  himself  well, 
and  he  shall  be  liable  to  be  removed  from  office  by  the  gov- 
ernor for  misbehavior  or  misconduct  at  any  time  during 
his  term.1 

Superintendent  of  public  instruction. 

718.  The  superintendent  of  public  instruction  shall 
exercise  all  the  powers  and   perform  all  the  duties  of  the 


I.     Act  April  18,  1857,  Sec.  i,  P.  I,.  263. 


356  COMMON   SCHOOL   LAW 

superintendent  of  common  schools,  subject  to  such  changes 

as  shall  be  made  by  law.2 

Title  and  term  of  office.     Pennsylvania  Constitution. 

719.  Section   8  of  Article  IV.  Constitution  of  1874, 
changes  the  title   "  superintendent  of  public  schools  "  to 
"  superintendent  of  public  instruction,"  and  makes  his  term 
of  office  four  years. 

The  superintendent  of  public  instruction  is  appointed 
by  the  governor,  with  the  advice  and  consent  of  two-thirds 
of  all  the  members  of  the  senate,  for  the  term  of  four  years. 
Vacancies. 

720.  Any  vacancy  that  may  occur  in   said  office  of 
superintendent  shall  be  supplied  by  a  new  appointment  for 
the  unexpired  term  of  the  former  incumbent : 

Provided,  That  in  the  event  of  any  such  removal,  the 
governor  shall  at  the  time  communicate  his  reasons  there- 
for in  writing,  to  the  superintendent  thus  displaced,  and  also 
to  the  senate,  if  in  session,  and  if  not,  within  ten  days  after 
their  next  meeting.3 
Filling  vacancy  in  the  office  of  superintendent  of  public  instruction. 

721.  A  vacancy  having  occurred  in  the  office  of  super- 
intendent of  public  instruction,  by  the  death  of  the  incum- 
bent during  the  recess  of  the  senate,  the  governor  appointed 
the  defendant  to  said  office,  and  commissioned  him  to  hold 
it  until  the  end  of  the   next  session   of  the  senate,  if  he 
should  so  long  behave  himself  well. 

At  said  session,  on  January  6,  1891,  the  governor  nom- 
inated the  defendant  to  the  senate  for  a  term  of  four  years, 
to  be  computed  from  March  i,  1890,  the  date  at  which  he 
took  possession  of  the  office.  The  senate  confirmed  the  ap- 
pointment on  January  20,  1891.  In  the  meantime  the  gov- 
ernor's successor  had  been  inaugurated  : 

Under  Section  8,  Article  IV.  of  the  constitution,  the 
confirmation  by  the  senate  extended  the  defendant's  original 
appointment,  and  entitled  him  to  hold  the  office  for  the  un- 
expired portion  of  the  vacancy,  although  the  succeeding 


2.  Article  IV.  Sec.  20,  Pennsylvania  Constitution  of  1874. 

3.  Act  April  18,  1857,  Sec.  i,  P.  L.  263. 


SUPERINTENDENT   OF    PUBLIC   INSTRUCTION  357 

governor  refused  to  commission  him  therefor,  and  after  the 
senate's  adjournment,  commissioned  another  person.4 
Security.     Powers  and  duties. 

722.  The  superintendent  of  common  schools,  and  his 
successors  in  office,  appointed  under  this  act,  shall  furnish 
the   same    security,  exercise   the   same    functions   and   be 
charged  with  the  same  duties  and  responsibilities  that  are 
now  by  law  required  of  and  devolved  upon  the  superin- 
dent  of  common  schools.5 

To  settle  controversies. 

723.  The  superintendent  of  public    instruction  shall 
decide  without  appeal 6  and  without  cost  to  the  parties,  all 
controversies  or  disputes  that  may  arise  or  exist  among  the 
directors  or  controllers  of  any  district,  between  directors  or 
controllers  of  adjoining  districts,  or  between  collectors  or 
treasurers,  and  directors  or  controllers,  concerning  the  duties 
of  their  respective  offices  ;  the  facts  of  which  controversies 
or  disputes   shall  be  made  known  to  him  by  written  state- 
ments, by  the  parties  thereto,  acting  in  their  official  capac- 
ities, verified  by  oath  or  affirmation  if  required,  and  accom- 
panied by    certified  copies  of  all  necessary  minutes,  con- 
tracts, orders  or  other  documents.7 

Duty  to  give  information  relative  to  school  laws. 

724.  He  shall,  whenever  required,  give  advice,  expla- 
nation, construction,  or  information  to  the  district  officers, 
and  to  citizens,  relative  to   the  common  school   law,   the 
duties  of  common  school  officers,  the  rights  and  duties  of 
parents,  guardians,  pupils  and  all  others,  the  management 
of  the  schools,  and  all  other  questions  and  matters  calcu- 
lated to  promote  the  cause  of  education  8 
Superintendent  to  sign  orders  for  state  appropriation. 

725.  He  shall  sign  all  orders  on  the  state  treasurer  for 
the  payment  of  such  moneys  to  the  treasurers  of  the  several 


4.  Commonwealth  vs.  D.  J.  Waller,  Jr.,  145  Pa.  235,  1892. 

5.  Act  April  18,  1857,  Sec.  3,  P.  L,.  263. 

6.  The  superintendent  of  common  schools  has  no  authority  to  decide  a 

question  of  a  contested  election.     Mershon  vs.  Baldridge,  7  Watts 
500,  1838. 

7.  Act  May  8,  1854,  Sec.  46,  P.  L.  617. 

8.  Act  May  8,  1854,  Sec.  46,  P.  L.  617. 


COMMON  SCHOOL  LAW 

school  districts  as  they  may  be  entitled  to  receive  from  the 
state,  and  for  all  other  moneys  to  be  paid  out  of  the  appro- 
priation to  common  schools  made  by  this  act.9 
Duty  to  prepare  and  forward  blank  forms. 

726.  He  shall  prepare  blank  forms  for  the  annual  distict 
reports,  with  suitable  instructions  and  forms  for  conducting 
the  various  proceedings  and  details  of  the  system  in  a  uniform 
and  efficient  manner  and  forward  the  same  to  the  county 
superintendents,  who  shall  distribute  them  to  and  among 
the  proper  district  officers  of  their  respective  counties.10 
Annual  report  to  the  legislature. 

727.  He  shall  prepare  and  submit  to   the  legislature, 
an  annual  report,  containing  a  full  account  of  the  condition 
of  the  common  schools  in  the  state,  the  expenditure  of  the 
system  during  the  year,  estimates  of  the  sums  requisite  for 
the  ensuing  year,  the  whole  number  of  pupils,  the  cost  of 
teaching  each,  the  number  of  districts,  plans  for  the  improve- 
ment of  the  system,  and  all  such  matters  relating  to  the 
concerns  of  common  schools,  and  to  the  duties  of  his  office, 
as  he  may  deem  it  expedient  to  communicate.11 

Duty  to  provide  a  seal  and  appoint  clerks. 

728.  He  shall  provide  a  seal,  with  suitable  device,  for 
the  use  of  the  Department  of  Common  Schools,  by  which 
copies  of  papers  deposited  or  filed  therein,  and  all  official 
acts  and  decisions,  may  be  authenticated  under  said  seal  ; 
and  when  so  authenticated,  shall  be  evidence  equally  and 
in    like  manner  as  the  originals  ;   he  may  also    designate 
and  appoint  one  of  the  clerks  employed  by  him  to  be  his 
general  deputy,  who  may  perform  all  his  duties  of  superin- 
tendent of  common  schools  in  case  of  his  absence  or  a  va- 
cancy in  his  office.12 

Power  to  remove  county  superintendents. 

729.  He  shall  have  the  power  of  removing  any  county 
superintendent  for  neglect  of  duty,  incompetency,  or  im- 


9.  Act  May  8,  1854,  Sec.  46,  P.  L.  617. 

10.  Act  May  8,  1854,  Sec.  46,  P.  L.  617. 

11.  Act  May  8,  1854,  Sec.  46,  P.  L.  617. 

12.  Act  May  8,  1854,  Sec.  46,  P.  L.  617. 


SUPERINTENDENT   OF   PUBLIC   INSTRUCTION  359 

morality,  and  to  appoint  another  in  his  stead  until  the  next 

triennial  convention  of  directors.13 

County  commissioners  to  report  the  number  of  taxables. 

730.  It  shall  be  the  duty  of  the  commissioners  of  each 
county  to  ascertain  triennially,  with  the  assistance  of  the 
respective  assessors,  the  exact  number  of  taxable  citizens 
residing  in  each  school  district  in  their  several  counties,  and 
to  certify  the  same,  under  their  hands  and  seals  of  office,  to 
to  the  superintendent  of  common  schools,  who  is  hereby 
directed  to  adopt  the  number  of  taxables  thus  certified  to 
him,  as  the  basis  of  distribution  of  the  state  appropriation, 
which  said  certificates  shall  be  prepared  and  transmitted,  on 
or  before  the  first  Monday  of  June,  in  every  third  year,  com- 
mencing with  the  first  Monday  of  June,  Anno  Domini  one 
thousand  eight  hundred' and  sixty-five.14 

Effect  of  commissioners'  neglect  of  duty. 

731.  If  the  commissioners  of  any  county  shall  neglect 
to  forward  such  certificates  on  or  before  said  day,  the  super- 
intendent  may  in  such  case  adopt  the  number  of  taxables 
set  forth  in  the  next  preceding  certificate  or  return.15 
Errors. 

732.  If  any  error  in   the  certificate  of  taxables  shall 
occur,  whereby  a  district  shall  receive  more  or  less  of  the 
state  appropriation   than    is  justly  due    said    district,  the 
county  commissioners  shall  have  authority,  and  they  are 
hereby  required,  immediately  to  forward  to  the  superin- 
tendent a  correct  list  of  taxables,  and  the  superintendent 
shall  thereupon  make  it  the  basis  of  the  appropriation  due 
said  district.16 

Superintendent  to  employ  lecturers  and  instructors  at  summer 
assemblies. 

733.  The  superintendent  of  public  instruction  be,  and 
is  hereby  authorized  to  employ  or  aid  in  the  employment  of 
competent  lecturers  or  instructors,  to  attend  and  lecture,  or 
teach,  at  summer  assemblies  held  by  associations,  of  this 


13.  Act  May  8,  1854,  Sec.  46,  P.  L.  628. 

14.  Act  April  17,  1865,  Sec.  i,  P.  L.  61. 

15.  Act  May  8,  1854,  Sec.  47,  P.  L.  617. 

16.  Act  May  8,  1854,  Sec.  48,  P.  L.  617. 


360  COMMON   SCHOOL   LAW 

Commonwealth,  incorporated  for  the  purpose  of  promoting 
education  and  popular  culture,  and  by  the  Pennsylvania 
Educational  Association  ;  and,  for  this  purpose,  is  hereby 
authorized  to  pay,  for  such  employment  or  in  aid  of  such 
employment  by  said  corporation  and  association,  such  sums 
as  may  be  specifically  appropriated  for  that  purpose  by  the 
legislature,  from  time  to  time,  in  the  general  appropriation 
bill,  for  such  attendance  of  said  lecturers  or  instructors  at 
the  assembly  or  assemblies  of  such  association,  which  pay- 
ment shall  be  made  by  the  state  treasurer,  out  of  any  money 
not  otherwise  appropriated,  either  directly  to  the  lecturers 
or  instructors,  so  employed  by  the  said  superintendent,  or 
to  the  associations  employing  the  same  with  the  approval  of 
the  said  superintendent,  upon  warrant  of  said  superintend- 
ent, countersigned  by  the  auditor  general.17 
Superintendent  authorized  to  employ  stenographer.  Salary. 

734.  On  and  after  the  passage  of  this  act  the  superin- 
tendent of  public  instruction  be  and  is  hereby  authorized  to 
employ  one  person,  who  shall  be  a  skilled  stenographer  and 
typewriter,  in  the  department  of  public  instruction  at  a  sal- 
ary of  ten  hundred  dollars  per  annum.18 
Certain  public  documents  to  be  placed  in  each  public  school. 

735-  O11  the  passage  of  this  act,  and  thereafter  follow- 
ing each  decennial  census,  the  superintendent  of  public  in- 
struction shall  cause  to  be  placed  in  each  public  school  of 
this  Commonwealth  above  the  primary  grade,  one  copy  of 
Smull's  Legislative  Hand-book,  and  bi-ennially  one  copy  of 
the  School  Laws  and  Decisions,  for  the  use  of  said  public 
schools.19 
Copies  for  distribution. 

736.  Be  it  further  enacted,  that  on  the  passage  of  this 
act,  and  for  the  purposes  named  herein,  the  superintendent 
of  public  instruction  shall  be  allowed  a  sufficient  number  of 
Smull's  Legislative  Hand-books  and  School  Laws  and  De- 
cisions for  the  purpose  of  carrying  into  effect  the  provisions 
of  this  act.20 


17.  Act  April  25,  1903,  Sec.  I,  P.  L.  315. 

18.  Act  June  26,  1895,  Sec.  i,  P.  L>  324. 

19.  Act  April  29,  1897,  Sec.  i,  P.  L.  34. 

20.  Act  April  29,  1897,  Sec.  2,  P.  L.  34. 


CHAPTER  XXXI/ 

STATE    APPROPRIATION. 

PAGE 

737.  One-third  on  number  of  paid  teachers 361 

738.  One-third  on  number  of  children  of  school  age 361 

739.  One-third  on  number  of  taxables 362 

740.  Certify  to  superintendents 362 

741.  Duty  of  assessors 362 

742.  Blanks  prepared 363 

743.  Enumeration  and  enrollment 363 

744.  Assessors .»  363 

745.  Blanks 363 

746.  Repeal 364 

747.  Basisof  distribution  by  taxables 364 

748.  Failure  to  forward  certificate 364 

749.  Errors,  how  corrected 364 

750.  When  new  district  is  formed,  number  of  taxables  therein  and 

in  the  old  districts,  to  be  certified 365 

751.  Non-accepting  districts  which  have  put  schools  in  operation 

to  be  entitled  to  back  appropriations 365 

752.  Additional  state  appropriation    365 

753.  State  appropriations  to  districts  formed  after  triennial  assess- 

ment...^   366 

754.  Basisof  distribution 366. 

755-     When  warrant  shall  issue  for  state  appropriation 366 

756.     Appropriation  to  township  high  schools 367 

One-third  on  number  of  paid  teachers. 

737.  One-third  of  the  money  annually  appropriated  for 
common  schools  in  this  Commonwealth  shall  be  distributed 
on  the  basis  of  the  number  of  paid  teachers  regularly  em- 
ployed for  the  full  annual  term  of  the  district,  not  including 
substitute  teachers  or  teachers  employed   to  fill  vacancies 
which  may  occur  during  the  school  year  for  which  the  ap- 
propriation was  made  ;  the  certificates  of  the  number  of 
teachers  regularly  employed  to  be  made  as  hereinafter  pro- 
vided.1 

One-third  on  number  of  children  of  school  age. 

738.  One-third  of  the  appropriation  shall  be  distributed 
on  the  basis  of  the  number  of  children  of  school  age  be- 
tween the  years  of  six  and  sixteen  residing  in  the  respective 
districts,  the   enumeration  and  certificates  to  be  made  as 
hereinafter  provided.2 


1.  Act  July  15,  1897,  Sec.  i,  P.  I,.  271. 

2.  Act  July  15,  1897,  Sec.  2,  P.  L,.  271. 


362  CO'MMON   SCHOOL   LAW 

One-third  on  the  number  of  taxables. 

739.  The  remaining-  one-third    of    the  appropriation 
shall  be  distributed  on  the  basis  of  the  number  of  taxables 
as  returned  by  the  last  biennial  assessment.3 

Certify  to  superintendents. 

740.  On  the  first  Monday  of  December,  one  thousand 
eight  hundred  and  ninety-seven,  and  biennially  thereafter, 
the  president  and  secretary  of  each  school  board  shall,  under 
oath,  certify  to  the  county,  city  or  borough  superintendents 
of  their  respective  counties,  cities  or  boroughs,  the  number 
of  teachers  in  their  employ  as  contemplated  in  this  act ;  and 
on  the  first   Monday  of  January,  one  thousand  eight   hun- 
dred and  ninety-eight,  and   biennially   thereafter,  the  said 
county,  city  or  borough   superintendent  shall,  under  oath, 
make  return  to  the  superintendent  of  public  instruction  on 
such  blank  as  he  shall  prepare,  a  tabulated   return   by  dis- 
tricts of  the  teachers  of  his   county,  city   or  borough,  and 
any  president  or  secretary  of  a  school  board   or  superin- 
tendent of  a  county,  city  or  borough,  who  neglects  or  re- 
fuses to  perform  his  duty  within  ten  days  of  the  time  desig- 
nated, shall  be  subject  to  a  fine  of  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars.4 

Duty  of  assessors. 

741.  It  shall  be  the  duty  of  the  assessors  of  the  several 
townships,  wards  and  boroughs  in  the  counties  and  cities  of 
this  Commonwealth,  and  of  the  assessors  of  voters  in  any 
of  said  wards  in  cities  of  the  first  class,  where  the  assessors 
of  real  estate  are  not  assessors  of  voters,  to  make  an  enroll- 
ment, at  the  time  of  the  making  of  their  respective  assess- 
ments, but  not  more  than  once  in  any  year,  of  the  total 
number  of  children  of  school  age,  between  the  ages  of  six 
and  sixteen  years,  in  addition  to  the  duties  required  of  them 
under  existing  laws,  and  for   the  same  compensation    per 
diem  now  allowed  by  law.5 

3.  Act  July  15,  1897,  Sec.  3,  P.  L.  271. 

4.  Act  July  15,  1897,  Sec.  4,  P.  L.  271. 

5.  Act  April  19,  1899,  P.  L.  64,  amending  Act  July  15,   1897,  Sec.  5, 

P.  L.  271. 

Note. — The  enrollment  is  distinct  from  that  required  to  be  made  by 
the  compulsory  education  acts  ;  supra  COMPULSORY  ATTENDANCE, 
Sec.  541 ;  and  the  two  need  not  be  made  at  the  same  time.  Construction 
of  Act  July  15,  1897,  8  D.  R.  630,  1899. 


STATE   APPROPRIATION  363 

Blanks  to  be  prepared  by  the  superintendent  of  public  instruction. 

742.  The  blanks  required  for  this  enumeration  and  en- 
rollment shall   be  prepared  according  to   the  form  prepared 
by  and  under  the  direction  of  the  superintendent  of  public 
instruction,  who  shall  cause  the  same  to  be  forwarded  to 
the  county  commissioners  of  the  several  counties  for  distri- 
bution to  the  assessors  at  the  expense  of  the  state.6 
Enumeration  and  enrollment. 

743.  The  enumeration  and  enrollment  herein  provided 
for  shall  be  made  by  the  assessors  at  the  same  time  they  are 
required  by  law  to  make  their  regular  assessments  for  county 
taxes,  one  thousand  eight  hundred  and  ninety-seven,  and  at 
the  same  time,  and  biennially  thereafter,  the  official  returns 
to  be  made  to  the  county  commissioners  shall  be  filed  by 
them  in  the  office  of  the  county  commissioners,  duly  veri- 
fied by  oath  or  affirmation,  on  or  before  the  fourth  Saturday 
of  December,  one  thousand  eight  hundred  and  ninety-seven, 
and   biennially  thereafter.     The  county   commissioners  to 
return  a  summary  of  the  same  to  the  superintendent  of  pub- 
lic instruction  on  or  before   the  last   Saturday   of  January, 
next  following7 

Assessors. 

744.  Any  assessor  who  shall  refuse  or  neglect  to  make 
the  enumeration,  enrollment  and  official   returns  required 
by  this  act,  shall  pay  a  fine  of  not  less  than  twenty-five  or 
more  than  one  hundred  dollars,  and  shall  be  liable  to  re- 
moval from  office  upon  complaint  to  the  court  of  common 
pleas  of  the  proper  county,  which  complaint  it  shall  be  the 
duty  of  the  county  commissioners  to  make  in  the  case  of 
neglect  or  refusal  of  any  assessor  to  comply  with  the  pro- 
visions of  this  act.8 

Blanks. 

745.  The  blanks  for  the  use  of  the  county  commission- 
ers in  the  preparation  of  their  biennial  report  to  the  depart- 


6.  Act  April  19,  1899,  P.  L.  64,  amending  Act  July  15,  1897,    Sec.   5,    P. 

L.  271. 

7.  Act  July  15,  1897,  Sec.  6,  P.  L.  271. 

8.  Act  July  15,  1897,  Sec.  7,  P.  L.  271. 


364  COMMON   SCHOOL   LAW 

inent  of  public  instruction,  containing  a  summary  of  the  re- 
turns made  to  them  by  the  assessors  of  their  respective  dis- 
tricts, shall  be  prepared  by  the  superintendent  and  forwarded 
to  the  county  commissioners  of  the  several  counties  for  the 
required  purpose.9 
Repeal. 

746.  All  acts  or  parts  of  acts  inconsistent  herewith  are 
hereby  repealed.10 

Basis  of  distribution  by  taxables. 

747.  It  shall  be  the  duty  of  the  commissioners  of  each 
county  to  ascertain  triennially,  with  the  assistance  of  the 
respective  assessors,  the  exact  number  of  taxable  citizens 
residing  in  each  school   district,  in  their  several  counties, 
and  to  certify  the  same,  under  their  hands  and  seals  of  of- 
fice,  to   the  superintendent    of  common   schools,  who    is 
hereby  directed  to  adopt  the  number  of  taxables  thus  certi- 
fied to  him,  as  to  the  basis  of  distribution  of  the  state  ap- 
propriation ;  which  said    certificate  shall  be  prepared  and 
transmitted,  on  or  before  the  first  Monday  of  June,  in  every 
third   year,   commencing   with   the  first   Monday  of  June, 
Anno  Domini  1865." 

Failure  to  forward  certificate. 

748.  And   if  the  commissioners   of  any  county  shall 
neglect  to  forward  such  certificates  on  or  before  said  day, 
the  superintendent  may,  in  such  case,  adopt  the  number  of 
taxables    set    forth    in    the    next   preceding   certificate    or 
return.12 

Errors,  how  corrected. 

749.  If  any  error  in  the  certificate  of  taxables  shall 
occur,  whereby  a  district  shall  receive  more  or  less  of  the 
state  appropriation  than  is  justly    due  said   district,  the 
county  commissioners  shall  have  authority,  and  they  are 
hereby   required,  immediately    to  forward  to  the  superin- 
tendent a  correct  list  of  taxables,  and  the  superintendent 


9.  Act  July  15,  1897,  Sec.  8,  P.  L.  271. 

10.  Act  July  15,  1897,  Sec.  9,  P.  L.  271. 

11.  Act  April  17,  1865,  Sec.  x,  P.  L.  61. 

12.  Act  of  May  8,  1854,  Sec.  47,  P.  L   6i7. 


STATE   APPROPRIATION  365 

shall  thereupon  make  it  the  basis  of  the  appropriation  due 
said  district.13 

When  new  district  is  formed,  number  of  taxables  therein  and  in 
the  old  districts,  to  be  certified. 

750.  Whenever  any  new  district  shall  be  formed  in  any 
county  of  this  Commonwealth,  it  shall  be  the  duty  of  the 
commissioners  thereof  to  certify  to  the  superintendent  of 
common   schools,  before  the  commencement  of  the   next 
succeeding  school  year,  the  number  of  taxable  inhabitants 
therein,  and  also  the  number  in  the  district  or  districts  from 
which  it  was  taken,  separately,  according  to  the  last  pre- 
ceding triennial  enumeration   of  taxables  made  for  school 
purposes,  so  that  the  whole  number  in  such  new  district, 
and  in  that  or  those  out  of  which  it  was  taken,  being  added 
together,  shall  be  neither  greater  nor  less  than  the  number 
that  was  therein  before  the  change  was  made,  and  accord- 
ing  to  the  last  triennial   certificate  or  return  of  taxables 
thereof  made  by  said  commissioners.14 

Non-accepting  districts  which  have  put  schools  in  operation  to  be 
entitled  to  back  appropriations. 

751.  All  school  districts  in  this  Commonwealth,  pre- 
viously non-accepting,  which  have  put  in  operation  a  sys- 
tem of  common  schools,  according  to  law,  at  any  time  since 
the  year  1860,  are  hereby  declared  entitled  to  the  same  state 
appropriations  for  school  purposes  which  they  would  have 
received  had  they  complied  with  the  law  in  reference  to 
common  schools,  during  and  since  that  year  ;  and  the  super- 
intendent of  common  schools  is  authorized  and  required  to 
pay  out  of  the  appropriation  to  common  schools   for  the 
year   1869,  by  warrants  upon  the  state  treasury,  all  sums 
found  to  be  due  to  such  districts  by  the  provisions  of  this 
act.15 

Additional  state  appropriation. 

752.  Whenever  the  commissioners  of  any  county  of 
this  Commonwealth   shall   certify,  under  their  hands  and 


13.  Act  May  8,  1854,  Sec.  48,  P.  L.  617. 

14.  Act  May  8,  1854,  Sec.  49,  P.  L.  617. 

15.  Act  April  9,  1868,  Sec.  i,  P.  L.  76. 


366  COMMON   SCHOOL   LAW 

seals  of  office,  to  the  superintendent  of  public  instruction, 
that  more  taxable  citizens  actually  resided  in  any  school  dis- 
trict of  their  respective  counties,  at  the  time  of  the  last  tri- 
ennial enumeration  of  taxables,  than  were  then  certified  and 
returned  by  them,  in  compliance  with  the  act  of  April  17, 
1865,  Sec.  i,  P.  L,.  6 1  (supra  Sec.  747),  the  superintendent 
of  public  instruction  shall  draw  his  warrant  upon  the  state 
treasurer  for  whatever  additional  state  appropriation  such 
district  or  districts  may  be  entitled,  under  the  distribution 
made  for  the  year  or  years  for  which  such  incomplete 
enumeration  was  returned  :  Provided,  That  under  this  act, 
no  district  shall  be  entitled  to  additional  appropriation,  for 
any  year  preceding  1870,  and  hereafter,  for  no  year  prior 
to  the  year  in  which  the  next  preceding  triennial  enumera- 
tion of  taxables  was  made.16 
State  appropriations  to  districts  formed  after  triennial  assessment. 

753.  The  superintendent  of  public  instruction  be  and 
he  is  hereby  authorized  to  draw  his  warrant  for  the  pay- 
ment of  the  amount  or  portion  of  the  state  appropriation  to 
common  schools  equitably  due  school  districts  formed  after 
any  triennial  assessment,  by  reason  of  rapid  growth  of  pop- 
ulation, and  which  under  the  present  law  can  get  no  por- 
tion of  the  state  appropriation  until  after  the  next  succeed- 
ing triennial  return  of  resident  taxables.17 

Basis  of  distribution. 

754.  The  basis  of  distribution  in  such   cases,  shall  be 
the  number  of  resident  taxables  as  shown  by  the  next  pre- 
ceding annual  assessment  and  return  by  the  county  com- 
missioners to  the  department  of  public  instruction.18 
When  warrant  shall  issue  for  state  appropriation. 

755.  As  soon  as  tlje  schools  of  any  district  shall  have 
been  kept  open  and  in  operation  at  least  four  months19  sub- 
sequent to  the  first   Monday  in  June  preceding,  the  presi- 
dent of  the  board  of  directors  or  controllers,  shall  certify  the 
same  under  oath  or  affirmation  together  with  'the  name  of 

16.  Act  April  12,  1878,  Sec.  i,  P.  L.  13. 

17.  Act  May  23,  1891,  Sec.  i,  P.  L.  114. 

18.  Act  May  23,  1891,  Sec.  2,  P.  L.  114. 

19.  See  Supra  SCHOOL  TERM,  Sec.  525. 


STATE   APPROPRIATION  367 

the  district  treasurer,  and  his  post-office  address,  to  the 
county  superintendent,  who  shall  immediately  forward  the 
same  to  the  superintendent  of  common  schools,  who,  upon 
the  receipt  of  the  same  shall  draw  his  warrant  on  the  state 
treasurer  for  the  whole  amount  such  district  is  entitled  to 
receive  from  the  annual  state  appropriation :  Provided, 
That  said  board  of  directors  or  controllers  shall  have  made 
report  of  condition  of  the  schools  in  their  districts,  as  di- 
rected by  the  23d  section  of  this  act : 20  And  provided  also, 
That  the  foregoing  certificate  shall  have  been  transmitted 
to  the  superintendent  of  common  schools  within  the  school 
year  for  which  the  warrant  is  to  be  issued.21 
Appropriation  to  township  high  schools. 

756.  Out  of  the  said  amount,  hereby  appropriated, 
there  shall  be  set  apart  the  sum  of  two  hundred  thousand 
dollars,  to  be  expended  on  the  warrants  of  the  superintend- 
ent of  public  instruction,  for  the  encouragement  and  sup- 
port of  the  township  high  schools :  Provided,  That  partici- 
pation in  the  amount  hereby  appropriated  for  the  encour- 
agement and  support  of  township  high  schools  shall  not 
be  made  dependent  upon  the  teaching  of  any  dead  or  for- 
eign language.22 


20.  .  Supra  Director's  annual  report  to  county  superintendent,  Sec.  204, 

205. 

21.  Act  May  8,  1854,  Sec.  36,  P.  L,.  617. 

22.  Act  May  n,  1905,  Sec.  8,  P.  L.  596. 


CHAPTER  XXXII. 

COMMON  SCHOOL  EDUCATION  IN  CITIES  OF  THE  FIRST  CLASS. 

PAGE 

757.  Board  of  public  education.     Appointment  and  term 368 

758.  Vacancies.     Eligibility 369 

759.  Oath  of  office  369 

760.  Organization 360 

761.  Duties  of  board  of  education., 369 

762.  School  boards.     Election.     Term 369 

763.  Proviso 370 

764.  Eligibility.     Oath 370 

765.  Vacancies 370 

766.  Duties  and  powers  of  school  boards 370 

767.  Report.     Organization 371 

768.  Secretaries , 371 

769.  Agents 371 

770.  Superintendent  of  schools  and  district  superintendent 371 

771.  Qualifications  of  applicants 372 

772.  License  or  certificate 372 

773.  Eligible  lists.     Appointment 372 

774-     Proviso 373 

775.  Teachers' retirement  fund 373 

776.  Superintendent  of  buildings 373 

777.  Deputies 374 

778.  Janitors 374 

779.  Superintendent  of  supplies.     Assistants 374 

780.  Appropriation  for  school  purposes.     Expenditures ...  374 

781.  The  board  to  be  a  corporation.     Titles 375 

782.  Powers,  rights,  etc 375 

783.  Cities  may  establish  institutions  for  scientific  and  educational 

instruction.     Acquisition  of  property.     Trustees 376 

784.  Public  health 376 

785.  Rules  and  regulations 376 

786.  Publicity 377 

787.  Election  of  teachers 377 

Board  of  public  education.    Appointment  and  term. 

757.  The  control  of  all  the  schools  supported  by  any 
school  district  of  the  first  class  shall  be  vested  in  a  board  of 
public  education,  to  consist  of  twenty-one  (21)  members, 
who  shall  be  appointed  by  the  judges  of  the  courts  of  com- 
mon pleas  of  the  county  in  which  the  said  school  district  of 
the  first  class  shall  be  situated,  for  terms  of  three  (3)  years 
each,  except  that  the  original  appointments  under  this  act 
shall  be  as  follows  :  seven  for  one  year,  seven  for  two  years, 
and  seven  for  three  years,  and  members  shall  be  eligible  for 


CITIES   OF  THE   FIRST   CLASS  369 

reappointment.      The  members  shall    serve  without    com- 
pensation.1 
Vacancies.     Eligibility. 

758.  Vacancies  for  unexpired  terms,  caused  by  death, 
resignation  or  otherwise  shall  be  filled  by  the  said  judges  of 
the  courts  of  common  pleas.     No  person  shall  be  eligible  to 
appointment  to  the  board  of  public  education  who  shall  be 
less  than  thirty  (30)  years  of  age,  and  who  shall  not  have  re- 
sided in  the  school  district  at  least  one  year  immediately 
preceding  the  appointment.2 

Oath  of  office. 

759.  The  members  of  said  board  of  public  education, 
before  proceeding  to  discharge  the  duties  of  their  office,  shall 
take  the  oath  of  office  required  of  school  officials  under  the 
laws  of  this  Commonwealth.3 

Organization. 

760.  The  board  of  public  education  herein  provided 
shall  meet  for  organization  upon  the  first  Monday  in  Jan- 
uary next  succeeding  the  passage  of  this  act.     They  shall 
organize  by  selecting  their  own    officers,  and    shall    hold 
stated  meetings  at  least  once  a  month  during  the  school 
year,  and  such  additional  meetings  as  they  may  from  time 
to  time  provide  for.4 

Duties  of  board  of  education. 

761.  The  duties  of  the  board  shall   be  to  determine 
questions  of  general  policy,  appoint  the  executive  officers 
hereinafter  prescribed,  define  their  duties,  direct  expendi- 
tures, appoint  teachers  and  in  general  to  legislate  upon  all 
matters  concerning  the  conduct  of  the  schools.5 

Sectional  school  boards.     Election.     Term. 

762.  Sectional  school  boards  in  and  for  each  ward  of 
the  city  (constituting  said  school  district  of  cities  of  the  first 
class),  consisting  of  twelve  members  each,  shall  be  chosen 


1.  Act  April  22,  1905,  Sec.  I,  P.  I,.  267. 

2.  Act  April  22,  1905,  Sec.  I,  P.  L,.  267. 

3.  Act  April  22,  1905,  Sec.  i,  P.  L,.  267. 

4.  Act  April  22,  1905,  Sec.  i,  P.  L.  267. 

5.  Act  April  22,  1905,  Sec.  i,  P.  L.  267. 


370  COMMON   SCHOOL   LAW 

by  the  qualified  electors  in  each  ward  of  the  city,  at  the 
next  annual  municipal  election  succeeding  the  passage  of 
this  act,  four  for  one  year,  four  for  two  years,  and  four  for 
three  years  ;  and  thereafter,  at  each  annual  election,  four  for 
three  years.6 
Proviso. 

763.  No  elector  shall  vote  for  more  than  three  candi- 
dates for  membership  in  any  sectional  school  board,  except 
at  the  next  annual  municipal  election  succeeding  the  pas- 
sage-of  this  act,  when  an  elector  may  vote  for  not  more  than 
nine  ;  three  for  a  term  of  one  year,  three  for  a  term  of  two 
years,  and  three  for  a  term  of  three  years  :     And  provided 
further,  That  when  vacancies  occur  the  electors  may  vote 
for  candidates  to  fill  unexpired  terms.7 

Eligibility.     Oath.     Compensation. 

764.  The  members  of  sectional  school  boards  shall  be 
residents  of  the  ward  from  which  they  are  chosen.     They 
shall,  before  entering  upon  the  duties  of  their  office,  take 
the  oath  of  office  required  of  school  officials  under  the  laws 
of  this  Commonwealth. 

They  shall  serve  without  compensation.8 
Vacancies. 

765.  Vacancies  caused  by  death,  resignation  or  other- 
wise, shall  be  filled  by  a  majority  of  the  surviving  directors, 
until  the  next  ensuing  annual  municipal  election,  when  the 
electors  shall  fill  such  vacancy  or  vacancies  for  the  unex- 
pired term  or  terms.9 

Duties  and  powers  of  school  boards. 

766.  The  duties  and  powers  of  the  sectional  school 
boards  shall  be  the  following  :  In  their  respective  wards  or 
districts  they  shall  visit,  at  least  once  in  every  quarter,  all 
the  schools  therein,  and  inspect  the  same.     They  shall  with- 
out delay  call  the  attention  of  the  board  of  public  education, 
or  of  the  appropriate  executive  officer  of  the  board,  to  every 
matter  requiring  official  action.10 

6.  Act  April  22    1905,  Sec.  2,  P.  L.  267. 

7.  Act  April  22,  1905,  Sec.  2,  P.  L.  267. 

8.  Act  April  22,  1905,  Sec.  2,  P.  L.  267. 

9.  Act  April  22,  1905,  Sec.  2,  P.  L.  267. 
10.  Act  April  22,  1905,  Sec.  2,  P.  I,.  267. 


CITIES  OF  THE  FIRST  CLASS  371 

Report.    Organization. 

767.  They  shall  also  make  an  annual  report  in  writing 
to  the  board  of  public  education,  in  respect  to  the  condition 
of  the  schools  and  the  wants  of  the  section,  especially  in  re- 
gard to  the  number,  equipment  and  efficiency  of  schools  and 
school  buildings.     They  shall  organize  on  the  second  Mon- 
day immediately  succeeding  their  election,  at  such  place  as 
shall  be  designated  by  the  board  of  education,  by  choosing 
a  chairman  and  such  other  officer  as  they  may  agree  upon, 
including  a  secretary.11 

Secretaries. 

768.  The  secretary  of  each  sectional  school  board  shall 
receive  annually  such  salary,  not  to  exceed  one  hundred 
($TOO.OO)  dollars,  as  shall  be  determined  by  the  board  of  pub- 
lic education.12 

Agents. 

769.  The  executive  work  of  the  board  of  public  educa- 
tion shall  be  committed  to  three  expert  agents,  who  shall 
be  appointed  by  said  board  and  shall  be  subject  to  removal 
at  the  pleasure  of  the  board.     Said  agents  shall  be  a  super- 
intendent of  schools,  a  superintendent  of  buildings,  and  a 
superintendent  of  supplies.     Said  agents  shall  be  paid  such 
compensation  as  shall  be  determined  by  the  board  of  public 
education.     They  shall  be  responsible  to  the  board  for  the 
conduct  of  their  respective  departments  ;  shall  make  annual 
reports  to  the  board,  and  shall,  from  time  to  time,  submit 
such  plans  and  suggestions  for  the  improvement   of  the 
schools  and  the  school  system  as  the  board  of  public  educa- 
tion may  require,  or  as  they  shall  deem  expedient.13 
Superintendent  of  schools  and  district  superintendents. 

770.  Supervision  of  all  matters  pertaining  to  instruc- 
tion, in  all  the  schools  under  the  board  of  public  education, 
shall  be  vested  in  a  superintendent  of  schools  and  such  num- 
ber of  associate  superintendents  as  may  be  deemed  neces- 
sary.    The  superintendent  shall  have  a  seat  in  the  board, 


11.  Act  April  22,  1905,  Sec.  2,  P.  L/.  267 

12.  Act  April  22,  1905,  Sec.  2,  P.  I,.  267 

13.  Act  April  22,  1905,  Sec.  2,  P.  I/.  267. 


372  COMMON   SCHOOL   LAW 

and  the  right  to  speak  on  all  matters  before  the  board,  but 
not  to  vote.  District  superintendents  may  be  appointed  by 
the  board  of  public  education,  on  the  nomination  of  the 
superintendent.  They  shall  receive  such  compensation  as 
the  board  of  public  education  shall  determine.  They  shall 
be  under  the  supervision  and  direction  of  the  superintendent 
of  schools,  and  shall  be  assigned  by  him  to  administrative 
districts.  They  shall  inquire  into  and  supervise  all  matters 
relating  to  the  government,  courses  of  study,  methods  of 
teaching,  discipline,  and  conduct  of  all  the  schools  in  their 
respective  districts,  and  shall  report  the  same,  when  re- 
quired to  the  superintendent  of  schools  and  to  the  sectional 
school  boards  of  their  respective  districts.  The  district 
superintendent  of  a  district  shall  have  a  seat  in  each  sec- 
tional school  board  of  his  district,  and  the  right  to  speak, 
but  not  to  vote,  nor  shall  he  hold  office  in  said  boards.'4 
Qualifications  of  applicants. 

771.  The  board  of  public  education  of  each  school  dis- 
trict of  the  first  class  shall  prescribe  the  mode  or  modes  of 
determining  the  qualifications  of  applicants  for  positions  as 
teachers  in  the  schools  of  the  district ;  and  shall  designate 
the  kinds  or  grades  of  licenses  or  certificates  of  qualification 
to  teach  which  may  or  shall  be  used  in  the  district,  together 
with  the  scholastic  and  professional  qualifications  required 
for  each  kind  or  grade  of  license  or  certificate.15 

License  or  certificate. 

772.  No  license  or  certificate  shall  be  granted  to  any 
person  who  is  not  of  good  moral  character,  nor  to  any  per- 
son who  shall  not  have  first  presented  a  certificate  from  a 
physician  recognized  by  the  board  as  competent  for  the  pur- 
pose, setting  forth  that  said  applicant   is  neither  mentally 
nor  physically  disqualified  by  any  chronic  or  acute  physical 
defect  from  successfully  performing  the  duties  of  a  teacher.16 
Eligible  lists.     Appointments. 

773.  Eligible  lists,  properly  classified,  containing  the 
names  of  persons  who  have  received  licenses  or  certificates  of 


14.  Act  April  22,  1905,  Sec.  4,  P.  L.  269. 

15.  Act  April  22,  1905,  Sec.  5,  P.  L.  269. 

16.  Act  April  22,  1905,  Sec.  5,  P.  L.  269. 


CITIES   OF   THE   FIRST   CLASS  373 

qualification  to  teach  and  arranged  as  nearly  as  possible  in 
the  order  of  rank  in  standing,  shall  be  kept  in  the  office  of 
the  superintendent  of  schools,  and  shall  be  open  to  inspec- 
tion by  members  of  the  board  of  public  education,  associate 
and  district  superintendents,  and  sectional  school  boards. 
Bxcept  as  superintendent  of  schools,  associate  superintend- 
ent, district  superintendent,  or  director  of  a  special  branch, 
or  as  principal  or  teacher,  in  a  training  school,  normal 
school,  high  school,  school  or  manual  training  school, 
or  in  the  case  of  promotion  or  transfer  from  any  position  to 
another  or  higher  position,  no  person  shall  be  appointed  to 
any  educational  position  whose  name  does  not  appear 
among  the  three  highest  names  upon  the  proper  eligible 
fist.1' 

Proviso. 

774.  No  teacher  now  in  position  in  any  city  of  the  first 
class  shall  be  displaced  by  the  provisions  of  this  section.18 
Teachers'  retirement  fund. 

775.  A  teachers'  retirement  fund  may  be  created  by 
the  board  of  public  education,  and  shall  be  by  them  admin- 
istered.    The  said  fund  shall  consist  of  all  funds  available 
for  like  purposes  at  the  time  of  the  enactment  of  this  law, 
together  with  such  additions  thereto  as  the  board  may  from 
time  to  time  prescibe,  and  such  moneys  as  may  be  donated 
or  bequeathed  for  such  purposes.     Any  teacher,  principal 
or  supervising  official  retired  by  the  board  of  public  educa- 
tion shall  receive,  from  the  said  fund,  such  annuity  as  the 
board  of  public  education  may  prescribe.'9 
Superintendent  of  buildings. 

776.  A  superintendent  of  buildings  shall  be  appointed  by 
the  board  of  public  education,  as  hereinbefore  provided,  and 
shall  give  such  security  for  the  faithful  performance  of  the 
duties  of  his  office  as  the   board  of  public  education  shall 
prescribe.     He  shall  be  an  engineer  or  architect,  of  good 
standing  in  his  profession,  and  shall  be  responsible  for  the 
condition  and  care  of  all  school  buildings  and  premises.20 

17.  Act  April  22,  1905,  Sec.  5,  P.  L,.  269. 

18.  Act  April  22,  1905,  Sec.  5,  P.  L.  269. 

19.  Act  April  22,  1905,  Sec.  6,  P.  L.  270. 

20.  Act  April  22,  1905,  Sec.  7,  P.  it.  270. 


374  COMMON   SCHOOL   LAW 

Deputies. 

777.  He  may  appoint  such  deputies  and  other  assistants 
as  shall  be  authorized  by  the  board  of  public  education. 
All  plans  for  new  school  construction,  additions,  or  repairs 
shall  be  approved  by  the  superintendent  of  buildings  and 
the   superintendent    of  schools  before  submission    to   the 
board  of  education  for  approval  and  passage.21 

Janitors. 

778.  Janitors  for  buildings  devoted  to  elementary  edu- 
cation shall  be  appointed  by  the  sectional  school  boards. 
Janitors  for  school  buildings  other  than  those  devoted  to 
elementary  education,  provided  by  the  regular  graded  course 
of  study,  shall  be  appointed  by  the  board  of  public  educa- 
tion.    Said  janitors  shall  receive  such  compensation  as  the 
board  of  public  education  may  determine,  and  shall  dis- 
charge their  duties  under  the  direction  and  to  the  satisfac- 
tion of  the  superintendent  of  buildings.     They  shall  hold 
their  positions  at  the  pleasure  of  the  board  of  education  : 
Provided,  however,  That  janitors  now  employed  in  schools 
within  the  limits  of  said  cities  of  the  first  class  shall  not, 
save  for  cause,  be  displaced  by  the  provisions  of  this  sec- 
tion." 

Superintendent  of  supplies.    Assistants. 

779.  A  superintendent  of  supplies  shall  be  appointed 
by  the  board  of  public  education,  as  hereinbefore  provided, 
and  shall  give  such  security  for  the  faithful  performance  of 
the  duties  of  his  office  as  the  board  of  public  education  shall 
prescribe.     He  shall  purchase  and  shall  have  the  care  and 
distribution   of  all  supplies  needed  for  the  schools,  under 
such  regulations  as  the  board  of  public  education  shall  pre- 
scribe.    He  may  appoint  such  assistants  as  shall  be  author- 
ized by  the  board.23 

Appropriation  for  school  purposes.    Expenditures. 

780.  Councils  of  said  city  of  the  first  class  shall  an- 
nually appropriate  a  sum  for  school  purposes,  which  shall 


21.  Act  April  22,  1905,  Sec.  7,  P.  L.  270. 

22.  Act  April  22,  1905,  Sec.  7,  P.  I,.  270. 

23.  Act  April  22,  1905,  Sec.  8,  P.  L.  270. 


CITIES  OF  THE   FIRST   CLASS  375 

be  not  less  than  five  (5)  mills  on  each  dollar  of  the  total  as- 
sessment of  real  property  of  said  school  district,  upon  which 
the  tax  rate  for  the  succeeding  year  is  fixed.  All  the 
moneys  raised  shall  be  appropriated  by  the  councils  to  and 
for  such  purposes  as  to  them  shall  seem  best,  and  said 
moneys  shall  not  be  expended  by  said  board  for  any  other 
purposes,  nor  for  any  one  purpose,  in  a  greater  amount  than 
shall  be  authorized  by  councils  ;  and  no  moneys  shall  be 
drawn  from  the  city  treasury  except  by  due  process  of  law, 
or  upon  warrants  on  the  treasurer  through  duly  authorized 
officers  of  the  board  of  public  education,  and  countersigned 
by  the  city  controller,  which  shall  state  the  particular  item 
to  which  the  same  is  chargeable,24 
The  board  to  be  a  corporation.  Titles. 

781.  The  board  shall  have  complete  power  to  admin- 
ister all  money  or  moneys  appropriated  or  available  for  its 
use,  as  hereinbefore  provided,  and  to  enter  into  and  execute 
contracts,  and  for  these  purposes  shall  possess  the  powers 
and  privileges  of  a  corporation  of  the  first  class.     The  title 
to  all  property  now  held  or  that  may  hereafter  be  acquired 
for  school  or  educational  purposes,  in  the  said  school  district 
of  the  first  class,  shall  be  vested  in  said  city  of  the  first  class  ; 
but  all  such  property  shall  be  under  the  exclusive  care  and 
control  of  the  board  of  public  education.25 

Powers,  rights,  etc. 

782.  The  board  of  public  education  in  each  school  dis- 
trict of  the  first  class  shall  succeed  to,  and  shall  have  and 
possess,  all  the  powers,  rights  and  privileges,   not  incon- 
sistent with  this  act,  which  the  present  existing  board  of 
public  education  in  its  respective  district  now  lawfully  has. 
Until  the  board  of  public  education  herein  provided  shall 
organize  under  the  provisions  of  this  act,  the  existing  laws 
relating  to  the  school  district  of  the  first  class  shall  be  in 
full  force  and  effect.26     All  acts  or  portions  of  acts  now  in 
force  so  far  as  they  are  inconsistent  herewith  are  hereby  re- 
pealed.27 

24.  Act  April  22,  1905,  Sec.  9,  P.  L.  271. 

25.  Act  April  22,  1905,  Sec.  9,  P.  1,.  271.' 

26.  Act  April  22,  1905,  Sec.  10.  P.  L,.  271. 

27.  Act  April  22,  1905,  Sec.  n,  P.  L.  271. 


376  COMMON   SCHOOL   LAW 

Cities  may  establish  institutions  for  scientific  and  educational  in- 
struction.    Acquisition  of  property.    Trustees. 

783.  The  city  councils  of  any  city,  with  the  approval  of 
the  mayor  or  recorder  thereof,  may  establish  in  such  city 
institutions  authorized  to  collect  and  hold  certain  educa- 
tional and  economic  collections,  the  object  of  each  being  the 
scientific,  educational  and  economic  instruction  of  the  pub- 
lic concerning  commerce,  manufacturing,  mining  and  agri- 
culture ;  said  institutions  to  have  power  to  purchase  or  ac- 
cept by  gift  any  real  estate,  money  or  personal  property 
necessary  for  their  use  and  promotion,  and  power  to  use, 
convey  or   transfer  the  same,  as  if  they  were  bodies  cor- 
porate, to  be  governed  by  boards  of  trustees,  nominated, 
appointed  and  confirmed  in  such  manner  as  the  city  coun- 
cils may  determine.28" 

Public  health. 

784.  All  departments  of  health  of  the  cities  of  the  first 
class  of  this  Commonwealth  shall  have  full  power,  and  shall 
make,  immediately  after  this  act  shall  become  a  law,  such 
rules  and   regulations,    which   in   their  judgment   may  be 
proper  and  necessary,  for  the  protection  of  the  public  health, 
and  amend  or  alter  the  same,  from  the  diseases   known  as 
cholera,  yellow,  malarial,  typhoid,  typhus,  scarlet,  puerperal 
and    relapsing    fevers,    small-pox,     (variola    or    varioloid), 
chicken-pox  (varicella),  diphtheria,  diphtheritic  and  mem- 
braneous     croups,     cerebro-spinal     meningitis,     measles, 
mumps,  whooping-cough,  tuberculosis  (in  any  of  its  diverse 
forms),  pneumonia,  erysipelas,  plague  (Bubonic),  trachoma, 
leprosy,     tetanus,    glanders,     hydrophobia     (rabies)     and 
anthrax.29 

Rules  and  regulations. 

785.  Rules  and  regulations  shall  cover  and  include  : 
(a)  The  reports  to  be  made  by  physicians  or  other  per- 
sons, in  attendance  upon  any  person  afflicted  with  any  of 
the  said  diseases,  to  said  health  authorities. 

28.  Act  April  25,  1903,  Sec.  I,  P.  L.  314. 

a  This  act  is  an  example- of  the  evolution  of  the  legislative  concep- 
tion of  the  purpose  of  municipal  government.  What  connection 
the  latter  has  with  mining  and  agriculture  is  not  clearly  apparent. 

29.  Act  April  20,  1905,  Sec.  i,  P.  L.  228. 


CITIES   OF   THE   FIRST   CLASS  377 

(b)  The  quarantining  and  disinfecting  of  persons  and 
premises,  and  the  placarding  of  notices. 

(c)  The    treatment    or   disposal    of  infected    bedding, 
clothing,  or  other  articles. 

(d)  The  care  and  burial  of  the  bodies  of  persons  who 
may   have  died   from   any  of  the  said  diseases,  fixing  the 
limit  of  time  for  burial,  the  methods  to  be  used,  the  attend- 
ance of  persons,  and  the  style  of  advertising  the  funeral. 

(e)  The  disinfection  of  conveyances  used  in  the  burial 
of  persons  who  may  have  died  from  said  diseases,  which  may 
have  been  used  by  a  person  afflicted  with  any  of  said  dis- 
eases  or  person  who   may  have   been   in   contact  with  the 
same. 

(f)  The  admission  and  attendance  of  persons  at  public 
or  private  schools,  hospitals  and  asylums,  or  any  other  pub- 
lic or  private  educational  or  charitable  institutions,  and  the 
compulsory  vaccination  and  revaccination  of  inmates  there- 
of, and  of  persons  attending  the  same,  or  employed  therein 
as  physicians,  teachers,  nurses,  or  in  any  other  capacity.30 
Publicity. 

786.  All   rules   and   regulations  and   all  changes  and 
amendments,  when  adopted,  shall  be   printed   and  distrib- 
uted for  public  use  ;  copies  of  the  same  shall  be  filed  with 
the  state  board  of  health.     Copies  shall  be  prepared  and  fur- 
nished to  every  educational  institution,  public  or  private, 
and  to  every  physician  and  undertaker,  within  the  jurisdic- 
tion of  the  health  authorities  promulgating  the  same.31    All 
acts  or  parts  of  acts  inconsistent  with   this  act  are  hereby 
repealed. 

Election  of  teachers. 

787.  The  board  of  public  education  of  the  city  of  Phil- 
adelphia has  the  right  to  prescribe  the  qualifications  of  all 
teachers,  and  to  classify  or  grade  them  in  accordance  there- 
with, in  such  manner  and  by  such  tests  as  the  board  in  its 
discretion  may   deem  best  for  the  interest  of  the  public 
school  system  of  the  district  ;  and  in  determining  the  qual- 


30.  Act  April  20,  1905,  Sec.  2,  P.  L,.  228. 

31.  Act  April  20,  1905,  Sec.  3,  P.  L,.  228. 


378  COMMON   SCHOOL   LAW 

ifications  of  teachers  for  different  kinds  of  schools,  the  board 
may  take  into  consideration  the  question  of  sex. 

The  board  of  education  of  the  city  of  Philadelphia  may 
determine  that  male  teachers  only  shall  be  principals  of  cer- 
tain classes  of  schools,  and  in  doing  so  they  do  not  violate 
the  provisions  of  Article  X.,  Sec.  3,  of  the  constitution  of 
Pennsylvania,  that  "  women  twenty-one  years  of  age  and 
upwards  shall  be  eligible  to  any  office  of  control  or  manage- 
ment under  the  school  laws  of  this  state  ;  "  because  the  posi- 
tion of  teacher  is  not  an  "  office  of  control  or  management  " 
within  the  meaning  of  the  constitution. 

The  sectional  school  boards  in  the  city  of  Philadelphia 
have  the  right  to  select  from  the  classes  of  teachers  estab- 
lished by  the  board  of  education  the  individuals  to  fill  the 
required  positions  in  their  several  sections,  and  to  certify 
the  names  of  the  persons  so  selected,  whether  as  principals 
or  assistant  teachers,  to  the  board  of  education.  The  board 
of  education  then  has  the  right  to  inquire  whether  the  per- 
son so  certified  is  a  qualified  member  of  the  class  from  which 
the  particular  position  should  be  filled,  and,  if  so,  it  is 
charged  with  the  duty  of  certifying  the  name  and  position 
to  the  city  controller.  The  latter  duty  is  ministerial  and 
imperative,  but  it  only  arises  after  the  board  has  ascertained, 
in  pursuance  of  its  right  of  inquiry,  that  a  proper  occasion 
is  presented  for  its  performance.32 


32.     Commonwealth  vs.  Board  of  Education,  187  Pa.  70, 


CHAPTER  XXXIII. 

COMMON  SCHOOL  EDUCATION  IN  CITIES  OF  THE  SECOND  CLASS. 

PAGE 

788.  Members  of  school  boards  forbidden  to  hold   any   office   of 

emolument  or  to  be  employed  by  school  boards 379 

789.  Repeal 379 

790.  Power  of  directors  of  sub-school  districts   379 

791.  Repeal 380 

792.  Mechanic  arts 380 

793.  Change  of  text  books  restricted  in  cities  of  second  class 380 

794.  Cities  may  establish  institutions  for  scientific  and  educational 

instruction.     Acquisition  of  property.     Trustees 380 

Members  of  school  boards  forbidden  to  hold  office  of  emolument  or 
to  be  employed  by  school  boards. 

788.  It  shall  be  unlawful  for  any  director  or  any  member 
of  the  board  of  control  of  school  districts  in  any  city  of  the 
second  class  within  this  Commonwealth,  to  hold  the  office  of 
secretary   of  said   board,   or   be  employed    by  said    board, 
while  a  member  thereof,  in  any  capacity  in  which  any  com- 
pensation is  attached.1 

Repeal. 

789.  All  laws  or  parts  of  laws  inconsistent  herewith 
are  hereby  repealed.2 

Powers  of  directors  of  sub=school  districts. 

790.  The  several  boards  of  directors  of  the  sub-school 
districts  of  cities  of  the  second  class  shall  have  the  power  to 
purchase  lots  of  ground,  to  erect,  enlarge,  and  repair  school 
buildings  thereon,  to  purchase  furniture,  apparatus,  books, 
stationery,  and  fuel,  and  to  pay  janitors  in  their  respective 
districts,  and  to  borrow  money,  and  provide  for  the  payment 
thereof,  with  its  interest,  and  to  levy  taxes  for  such  pur- 
poses, as  fully  as  such  power  existed  and  belonged  to  said 
boards,  prior  to  the  passage  of  the  act,  entitled  "  An  act  in 
relation  to  cities  of  the  second  class,  providing  for  the  levy, 
collection,  and  disbursement  of  taxes,"  approved  the  twenty- 
second  day  of  March,  Anno   Domini   one  thousand   eight 
hundred  and  seventy-seven.3 


1.  Act  May  10,  1893,  Sec.  i,  P.  L.  34. 

2.  Act  May  10,  1893,  Sec.  2,  P.  L.  34. 

3.  Act  May  24,  1881,  Sec.  i,  P.  L.  29. 


380  COMMON   SCHOOL   LAW 

Repeal. 

791.  All  laws  or  parts  of  laws,  inconsistent  with  this 
act,  are  hereby  repealed,  so  far  as  the  same  relates  to  cities 
of  the  second  class.4 

Mechanic  arts. 

792.  In    every  city   of  the    second  class    the    central 
board  of  education,  and  in  every  city  of  the  third  class  the 
board  of  school  controllers,  and  in  every  borough  and  town- 
ship of  the  first  class  the  board  of  school  directors  shall 
have  power  to  establish  and  maintain  one  or  more  schools 
for  the  instruction  of  pupils  in  the  useful  branches  of  the 
mechanic  arts,  athletics  and    kindred  subjects,  to  provide 
the  necessary  buildings,  machinery,  apparatus  and  mater- 
ials, and  to  employ  teachers  and  instructors  therefor.5 
Change  of  text  books  restricted  in  cities  of  second  class. 

793.  Price  lists  of  books  to  be  furnished  and  adopted. 
Awarding  of  contracts.     Penalty  for  violation  of  act.     Act 
to  be  accepted.6 

Cities  May  establish  institutions  for  scientific  and  educational  in- 
struction.    Acquisition  of  property.    Trustees. 

794.  The  city  councils  of  any  city,  with  the  approval  of 
the  mayor  or  recorder  thereof,  may  establish  in  such  city  in- 
stitutions authorized  to  collect  and  hold  certain  educational 
and  economic  collections,  the  object  of  each  being  the  scien- 
tific, educational  and  economic  instruction  of  the  public  con- 
cerning commerce,  manufacturing,  mining  and  agriculture  ; 
said  institutions  to  have  power  to  purchase  or  accept  by  gift 
any  real  estate,  money  or  personal  property   necessary   for 
their  use  and  promotion,  and  power  to  use,  convey  or  trans- 
fer the  same,  as  if  they  were  bodies  corporate,  to  be  gov- 
erned by  boards  of  trustees,  nominated,  appointed  and  con- 
firmed in  such  manner  as  the  city  councils  may  determine.7 


4.  Act  May  24,  1881.  Sec.  2,  P.  L.  29. 

5.  Act  March  24,  1905,  Sec.  i,  P.  L.  51. 

6.  See  Supra  TEXT  BOOKS  AND  SCHOOL  SUPPLIES  Sec.  668,  669, 

670,  671. 

7.  Act  April  25,  1903,  Sec.  I,  P.  L.  314. 


CHAPTER  XXXIV. 

COMMON  SCHOOL  EDUCATION  IN  CITIES  OF  THE  THIRD  CLASS. 

PAGE 

795.  Classification  of  cities • 381 

796.  Cities  of  the  third  class  to  constitute  a  separate  school  district  383 

797.  Powers  of  controllers 383 

798.  Election  of  controllers.     Terms 383 

799.  Vacancies,  how  filled 384 

800.  Annual  organization  of  board.     Officers 384 

801.  Vacancies  in  offices  of  board 384 

802.  Salary  of  the  secretary 384 

803.  Bond  of  secretary.     Amount.     Condition  384 

804.  Election  of  two  controllers  for  the  same  term 384 

805.  Vacancies  for  unexpired  terms 385 

806.  For  whom  electors  shall  vote.     Tickets  to  designate  term 385 

807.  Cases  of  two  or  more  vacancies 385 

808.  Proviso.     Election  of   controllers  in  cities  of  fifteen  or  more 

wards 385 

809.  Proviso.     Act  not  applicable  in  certain  respects  to  cities  of  the 

third  class  constituting  one  school  district 385 

810.  Directors  may  retain  old  laws  governing  them  upon  certain 

conditions.     Certificate  of  non-acceptance  to  be  filed 386 

811.  Proviso.     Boards  may  accept  provisions  of  the  Act  of  June  16, 

1891,  P.  L.  306 386 

812.  Effect  of  the  Act  June  16,  1891,  as  to  repeal 386 

813.  Members  of  school  boards  prohibited  from  holding  the  office 

of  secretary  thereof. 386 

814.  Wilfully  drawing  warrant  for  payment  of  persons  employed 

contrary  to  the  act,  declared  a  misdemeanor 387 

815.  Oath  of  controllers.     Form  of  oath.     Copy  to  be  filed 387 

816.  Controllers  may  administer  oath  to  each  other 388 

817.  Secretary  to  qualify  president 388 

818.  School  treasurer : 388 

819.  Separate  office  of  school  treasurer  in  cities  of  the  third  class 

was  not  abolished  by  Act  of  May  23,  1874.     Additional  com- 
pensation      388 

820.  City  treasurers  shall  be  the  collectors  of  all  the  city,  school 

and  poll  taxes 389 

821.  Mechanic  art  schools.     Athletics 389 

822.  Change  of  text  books  restricted  in  cities  of  the  third  class 389 

823.  School  taxes.     To  be  levied  on  city  assessment 390 

824.  Certification  of  assessment  t»  board.- 390 

825.  Repeat 390 

826.  Cities  may  establish  institutions  for  scientific  and  educational 

instruction.     Acquisition  of  property.     Trustees 390 

827.  Sinking  fund  for  payment  of  debt 390 

Classification  of  cities. 

795.   That  for  the  purposes  of  legislation,  regulating 
their  municipal  affairs,  the  exercise  of  certain  corporate 


382  COMMON   SCHOOL   LAW 

powers  and  having  respect  to  the  number,  character, 
powers  and  duties  of  certain  officers  thereof,  the  cities  now 
in  existence  and  those  hereafter  created  in  this  common- 
wealth, shall  be  divided  into  three  classes  : 

Those  containing  a  population  of  one  million  or  over 
shall  constitute  the  first  class. 

Those  containing  a  population  of  one  hundred  thou- 
sand and  under  one  million  shall  constitute  the  second  class. 

Those  containing  a  population  under  one  hundred 
thousand,  shall  constitute  the  third  class.1 

The  classification  of  said  cities  respectively  shall  be 
ascertained  and  fixed  by  reference  to  their  population  ac- 
cording to  the  last  preceding  United  States  census,  and 
whenever  it  shall  appear  by  any  such  census  that  any  city 
of  the  second  or  third  class  has  attained  a  population  en- 
titling it  to  an  advance  in  classification  as  herein  prescribed, 
it  shall  be  the  duty  of  the  governor,  under  the  great  seal  of 
this  commonwealth,  to  certify  the  fact  accordingly,  which 
certificate  shall  be  entered  at  large  upon  the  minutes  of  the 
councils  of  such  city,  and  recorded  in  the  office  for  record- 
ing the  deeds  of  the  proper  county. 

At  the  municipal  election  occurring  not  less  than  one 
month  after  the  date  of  such  certificate,  the  proper  officers 
shall  be  elected  to  which  the  said  city  will  become  entitled 
under  the  change  in  classification,  and  upon  the  first  Mon- 
day of  April  next  ensuing,  the  terms  of  all  officers  of  said 
city  then  in  office  whose  offices  are  superseded  by  reason 
thereof  shall  cease  and  determine,  and  the  city  government 
shall  be  duly  organized,  and  shall  thereafter  be  controlled 
and  regulated  by  the  laws  of  this  commonwealth  applicable 
to  the  same  under  the  classification  hereby  fixed  and 
appointed.2 


1.  Act  June  25,  1895,  Sec.  i,  P.  L.  275. 

2.  Act  June  25,  1895,  Sec.  2,  P.  L.  275. 


CITIES   OF  THE   THIRD   CLASS  383 

Cities  of  the  third  class  to  constitute  a  separate  school  district. 

796.  Every  city  of  the  third   class  shall   constitute  a 
separate  school  district 3   which  shall  be  known  and  desig- 
nated as  a  school  district  of  the  third  class,4  and  all  the  prop- 
erty therein  shall  be  the  common  property  of  said  district.5 
Powers  of  controllers. 

797.  The  members  of  the  board  of  school  controllers 
for  the  time  being  shall  have  the  power  to  levy  and  collect 
taxes,  and  the  same  rights  and   powers  in  relation   to  real 
and  personal  property  as  is  now  by  law  conferred  upon  the 
school    directors  of  the  several  districts  of  this  Common- 
wealth,   and   they    shall    govern   and    manage    the    public 
schools  in  the  manner  now  provided  by  law  for  the  mainte- 
nance of  a  system  of  education  by  common  schools.6 
Election  of  controllers.     Terms. 

798.  The  qualified  voters  of  each  ward  of  each  of  said 
cities  on  the  third  Tuesday   in   February  next  succeeding 
the  issuing  of  letters  patent  to  said  city,  [shall]   elect  two 
members  of  the  board  of  school  controllers  of  said  district, 
one  to  serve  for  the  period  of  two  years,  and  one  to  serve  for 
the  period  of  four  years,  and  every  two  years  thereafter  the 
qualified  voters  of  each  of  said  wards  shall  elect  one  person 
to  serve  for  the  term  of  four  years.7 

3.  A  territory  annexed  to  a  city  of  the   third   class,    comprising  one 

school  district,  is  to  constitute  part  of  such  district.  Act  June  23, 
1895,  Sec.  i.  P.  L.  239. 

Note — The  act  of  June  3,  1905,  P.  L.  142,  prescribed  a  mode  of  ad- 
justing the  value  of  real  estate  belonging  to  the  respective  por- 
tions of  school  districts  enlarged  by  the  annexation  of  a  part  of  a 
township  and  the  apportionment  of  the  debt  or  surplus  between 
them. 

4.  Act  April  22,  1905,  Sec.  i,  P.  L,.  272. 

5.  Act  June  16,  1891,  Sec.  i,  P.  L.  306. 

6.  Act  June  16,  1891,  Sec.  i,  P.  L.  306. 

7.  Act  June  16,  1891,  Sec.  i,  P.  L.  306.    The  vacancy  is  to  be  filled  tem- 

porarily by  appointment  of  the  board,  but  the  successor  is  to  be 
chosen  at  the  next  succeeding  municipal  election. 

Commonwealth  vs.  Evans,  102  Pa.  394,  1883. 

The  act  of  May  4,  1905,  P.  L.  388,  provides,  among  other  things, 
for  the  increase  of  the  number  of  school  directors  by  the  court  of 
common  pleas,  upon  the  petition  of  the  councils. 

See  Supra  ELECTION  OF  DIRECTORS;  FILLING  OF 
VACANCIES,  Sec.  79,  80,  81. 


384  COMMON   SCHOOL   LAW 

Vacancies,  how  filled. 

799.  All    vacancies   which    may    happen    in  the  said 
board  as  hereby  constituted  shall  be  filled  in  the  manner  as 
is  now  provided  by  law  for  vacancies  in  school  boards.8 
Annual  organization  of  board.     Officers. 

800.  The  board  of  controllers  shall  annually,  on  the 
Thursday  succeeding  the  municipal  election,  meet  and  or- 
ganize by  choosing  a  president  and  secretary,  who  shall  be 
members  of  the  board.9 

Vacancies  in  offices  of  board. 

801.  In  case  of  any  vacancy  in  any  of  the  said  officers 
by  death,  resignation  or  otherwise,  such  vacancy  shall  be 
forthwith  filled  by  said  board  of  control  for  the  remainder  of 
the  school  year.10 

Salary  of  the  secretary. 

802.  The   secretary  shall  receive   such  salary  as  the 
board  may  determine  JI 

Bond  of  secretary.     Amount.     Condition. 

803.  Every  secretary  of  the  board  of  school  control,  in 
cities  of  the  third  class  within  this  Commonwealth,  shall  be 
required,  before  entering  upon  his  duties,  to  give  a  bond, 
with  two  approved  sureties,  in  the  sum  of  two  thousand 
dollars,   conditioned  for  the  faithful    performance   of    the 
duties  of  the  office  and  the  proper  accounting  for  all  money, 
books  and  vouchers  that  may  come  into  his  possession.12 
Election  of  two  controllers  for  the  same  term. 

804.  In  all  cases  where  two  members  of  said  board  are 
required  to  be  elected  to  serve  for  the  same  term,  each  of 
said  qualified  voters  shall  vote  for  one  person  as  a  member 
of  said  board  of  school  controllers  for  said  term,  and  the  two 
persons  having  the  highest  number  of  votes  shall  be  declared 
to  be  elected.13 


8.  Act  June  16,  1891,  Sec.  I,  P.  L.  306. 

9.  Act  June  16,  1891,  Sec.  i,  P.  L.  306. 

10.  Act  June  16,  1891,  Sec.  i,  P.  L.  306. 

11.  Act  June  16,  1891,  Sec.  i,  P.  L.  309. 

12.  Act  June  25,  1885,  Sec.  i,  P.  L.  173. 

13.  Act  June  16,  1891,  Sec.  i,  P.  L.  306. 


CITIES   OF   THE   THIRD   CLASS  385 

Vacancies  for  unexpired  terms. 

805.  When  a  vacancy  or  vacancies  shall  occur  in  the 
office  of  school  controller,  by  death,  resignation,  or  in  any 
other  manner  than  by  the  expiration  of  the  term  for  which 
any  school  controller  shall  be  elected,  so  that  more  than 
two  school  controllers  must  be  elected  at  the  succeeding 
municipal  election  in  any  ward  of  said  city.'4 

For  whom  electors  shall  vote.    Tickets  to  designate  term. 

806.  The  qualified  voters  of  such  ward,  in  addition  to 
the  one  school  controller  to  be  voted  for  by  each  elector  to 
serve  four   years,  shall   vote  for  one  person  to  fill  each  of 
such  unexpired  terms  by  designating  upon  the  ticket  to  be 
voted  the  number  of  years  for  which  such  school  controller 
is  elected,  and  each  elector  shall  vote  for  but  one  person  to 
fill  such  unexpired  term.15 

Case  of  two  or  more  vacancies. 

807.  If  there  be  two  vacancies  for  the  same  term,  then 
the  two  candidates  having  the  highest  number  of  votes  shall 
be  declared  elected  ;  and  if  there  should  be  but  one  vacancy 
for  any  unexpired   term,  then   the    candidate   having   the 
highest  number  of  votes  for  said  term  shall  be  declared 
elected.16 

Proviso.     Election  of  controllers  in  cities  of  fifteen  or  more  wards. 

808.  In  cities  of  the  third  class  of  fifteen  wards  or 
more,  each  ward  shall  elect  but  one  controller  ;  those  elected 
from  even  numbered  wards  at  said  first  election  to  serve 
two  years,  and  those  from   odd  numbered  wards  for  four 
years  ;  thereafter,   every  two  years,  alternately,  they  shall 
elect  one  each  to  serve  for  four  years/7 

Proviso.     Act  not  applicable  in  certain  respects  to  cities  of  the 
third  class  constituting  one  school  district. 

809.  The  provisions  of  this  act  shall  not  be  applicable 
to    the   election    of  directors  or  controllers  of  the  public 
schools,  to  the  organization  of  the   school  board,   to  the 


14.  Act  June  16,  1691,  Sec.  i,  P.  L,.  306. 

15.  Act  June  16,  1891,  Sec.  I,  P.  L.  306. 

16.  Act  June  16,  1891,  Sec.  I,  P.  I,.  306. 

17.  Act  June  16,  1891,  Sec.  i,  P.  L,.  306. 


386  COMMON   SCHOOL   LAW 

election  of  school  treasurer  or  of  any  other  officer  of  said 
board,  to  the  receiving  and  collection  of  school  taxes  in  any 
city  of  the  third  class  constituting  one  school  district.18 

Districts  may  retain  old  laws  governing  them  upon  certain  condi- 
tions.    Certificate  of  non-acceptance  to  be  filed. 

810.  The  said  district  shall  be  governed  by  laws  here- 
tofore enacted,  applicable  to  the  same,  if  the  acceptance  of 
this  act,  required  by  the  57th  section  hereof,  shall   be  ac- 
companied by  a  certificate  from  the  school  district,  signed 
by  the  proper  officers  thereof,  expressing  its  desire  to  retain 
the  laws  governing  it  independent  of  this  statute,  otherwise 
this  act  shall  govern  the  same.'9 

Proviso.     Boards  may  accept  provisions  of  the  Act   of  June  16, 
1891,  P.  L.  306. 

811.  It  shall  be  lawful  for  such  board,  in  its  discretion, 
by  a  vote  of  its  members  as  aforesaid,  from  time  10  time,  to 
accept  any  of  the  provisions  of  this  act  regulatins  school 
matters,  and  after  such  acceptance,  duly  recorded  on  the 
minutes  of  said  board,  said  provisions  so  accepted  shall  be 
the  law  of  such  district.20 

Effect  of  the  Act  June  16,  1891,  as  to  repeal. 

8 1 2.  This  act  shall  not  operate  to  repeal  any  act  or 
part  of  an  act    heretofore  passed,  except  in  so  far  as  the 
same  may  affect  the  representation  in  boards  of  school  con- 
trollers in  cities  of  the  third  class.21 

Members  of  school  beards  prohibited   from   holding  the  office  of 
secretary  thereof. 

813.  That  from  and  after  the  passage  of  this  act,  it  shall 
not  be  lawful  for  any  director  or  member  of  the  board  of 

18.  Act  June  16,  1891,  Sec.  i,  P.  L.  306. 

19.  Act  June  16,  1891,  Sec.  I,  P.  L.  306. 

20.  Act  June  16,  1891,  Sec.  I,  P.  L.  306. 

21.  Act  June  16,  1891,  Sec.  2,  P.  L.  306. 

Note — The  above  Act  of  1891  is  an  amendment  to  section  41  of  the 
municipal  Act  of  May  23,  18,74,  P-  L.  254.  The  Act  of  May  23,  1889,  P. 
L.  274,  "constituting  each  city  of  the  third  class  a  single  school  district, 
providing  for  the  election  of  its  school  controllers,  the  levy  and  collec- 
tion of  taxes  and  management  of  its  affairs,"  was  held  to  be  unconstitu- 
tional in  Commonwealth  vs.  Reynolds,  137,  Pa.  389.  The  Act  of  1891  is 
constitutional.  Commonwealth  vs.  Gilligan,  191  Pa.  504.  See  also 
Commonwealth  vs.  Guthrie,  203  Pa.  204;  Commonwealth  vs.  Middleton, 
2 10  Pa.  582,  1905. 


CITIES   OF   THE   THIRD   CLASS  387 

school  control,  in  any  city  of  the  third  class,  within  this 
Commonwealth,  to  hold  the  office  of  secretary  of  said  board, 
or  to  be  employed  by  said  board,  while  a  member  thereof, 
in  any  capacity  in  which  there  is  any  compensation  at- 
tached.22 

Wilfully  drawing  warrant  for  payment  of  persons  employed  con- 
trary to  the  act,  declared  a  misdemeanor. 

814.  Any  officer  wilfully  drawing  any  warrant,  or  pass- 
ing any  voucher,  for  the  payment  of  any  person  elected,  or 
employed  contrary  to  the  provisions  of  section  one  of  this 
act,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  be  punished  by  a  fine  not  exceeding  one  thousand 
dollars,  and  imprisonment  not  exceeding  one  year,  or  both, 
or  either,  at  the  discretion  of  the  court.23 

Oath  of  controllers.     Form  of  oath.     Copy  to  be  filed. 

815.  All  persons  elected  to  the  office  of  school  director, 
after  the  passage  of  this  act,  in  the  Commonwealth  of  Penn- 
sylvania, shall,   before  entering  upon   the  duties  of  such 
office,  shall  take  and  subscribe  to  an  oath  or  affirmation,  that 
he  will  support  the  constitution  of  the  United  States   and 
the  constitution  of  the  Commonwealth  of  Pennsylvania  and 
the  laws  thereof  ;  that  he  has  used  no  unlawful  means  to 
procure  his  election  to  said  office,  and  that  he  will  discharge 
the  duties  of  said  office,  for  the  district  in  which  elected, 


22.  Act  June  u,  1885,  Sec.  i,  P.  L.  108. 

Note — This  section  is  valid.  Commonwealth  vs.  Baker,  13  D.  R. 
448,  1904.  The  ist  section  of  the  act  of  June  n,  1885.  P.  L,.  108,  pro- 
hibiting any  member  or  director  of  the  board  of  school  control  in  any 
city  of  the  third  class  to  hold  the  office  of  secretary  of  said  board,  or  to  be 
employed  by  said  board  while  a  member  thereof  in  any  capacity  to  which 
there  is  any  compensation  attached,  does  not  violate  Art.  Ill,  sec.  7,  of 
the  Constitution  of  Pennsylvania,  prohibiting  special  and  local  legisla- 
tion. 

There  is  no  constitutional  objection  to  the  classification  of  school 
districts. 

Commonwealth  ex  rel.  Mizener  vs.  Baker,  13  D.  R.  448,  1904. 

Sugar  Notch  Borough,  192  Pa.  349,  1899. 

Commonwealth  vs.  Gilligan,  195  Pa.  504,  1900. 

City  of  Erie  School  District  vs.  Smith,  195  Pa.  515,  1900. 

Commonwealth  vs.  Howell,  195  Pa.  519,  1900. 

Commonwealth  vs.  Guthrie,  203  Pa.  209,  1902. 

23.  Act  June  u,  1885,  Sec.  2,  P.  L,.  108. 


388  COMMON   SCHOOL   LAW 

faithfully  and  impartially,  and  to  the  best  of  his  under- 
standing and  ability  ;  which  oath  or  affirmation  shall  be 
taken  before  a  justice  of  the  peace,  notary  public  or  some 
other  officer  authorized  to  administer  oaths,*  and  a  copy  of 
the  same  shall  be  entered  upon  the  minutes  of  the  board 
of  school  directors  of  the  proper  district.24 
Controllers  may  administer  oath  to  each  other. 

816.  On  and  after  the  passage  of  this  act  it  shall  be 
lawful  for  school  directors  in  the  various  school  districts  in 
this  Commonwealth  to  qualify  each  other,  by  oath  or  affirma- 
tion, that  they  will  faithfully  discharge  the  duties  of  said 
office,  and  that  they  be  authorized  to  certify  the  same  to  the 
proper  authorities.25 

Secretary  to  qualify  president. 

817.  In  the  organization  of  a  school  board  it  shall  be 
the  duty  of  the  person  chosen  to  act  as  secretary  to  qualify 
the  person  chosen  to  act  as  president,  and  the  president  in 
turn  shall  qualify  all  the  other  members  of  said  board.26 
School  treasurer. 

8 1 8.  The  city  treasurer  shall  ex-officio  be  school  treas- 
urer, and  before  entering  upon  the  duties  of  his  office  shall 
give  bond  to  the  school  directors  conditioned  for  the  faith- 
ful performance  of  his  duties,  in  such  amount  as  the  board 
shall  direct,  and  with  such   sureties  as  shall  [be]  by  them 
approved,  and  shall  also  before  he  enters  upon  his  office, 
take  and  subscribe  an  oath  or  affirmation  of  like  nature  as 
is  hereinbefore  prescribed  for  the  city  treasurer.27 

Separate  office  of  school  treasurer  in  cities  of  the  third  class 
was  not  abolished  by  act  of  May  23,  1874.  Additional 
compensation. 

819.  The  municipal  corporations  act  of  May  23,  1874, 
P.  L.  230,  by  section  42  of  which   it   is  provided  that  the 
city  treasurer  shall  ex-officio  be  school  treasurer  in  cities  of 


*  See  Infra,  816,  817. 

24.  Act  April  16,  1891,  Sec.  I,  P.  L.  22. 

25.  Act  June  25,  1895,  Sec.  I,  P.  L.  284. 

26.  Act  June  25,  1895,  Sec.  2,  P.  L.  284. 

27.  Act  May  23,  1874,  Sec.   42,  P.   L.   256.     This  act  is  constitutional. 

Commonwealth  vs.  Middleton,  210  Pa.  582,  1905. 


CITIES   OF  THE   THIRD   CLASS  389 

the  third  class,  does  not  abolish  the  office  of  school  treasurer 
as  a  separate  office  in*  such  cities. 

The  city  treasurer,  in  addition  to  his  salary  as  such,  is 
entitled,  under  the  act  of  May  8,  1854,  P.  L,.  617,  to  such 
compensation  for  his  services  in  the  capacity  of  school 
treasurer  as  the  board  of  school  controllers  may  determine, 
not  exceeding  two  per  centum  of  the  school  taxes  collected. 

When  the  school  board  have  refused  to  fix  any  com- 
pensation for  the  treasurer,  he  does  not  become  in  default 
upon  his  official  bond,  by  retaining  at  the  end  of  his  term 
the  amount  of  the  maximum  commission  allowable  under 
said  act  of  1854,  and  holding  the  same  to  await  action  by 
the  board  fixing  his  commission.28 

City  treasurers  shall  be  the  collectors  of  all  the  city,  school  and 
poor  taxes. 

820.  That  the  several  city  treasurers,  hereafter  elected 
in  cities  of  the  third  class  of  this  Commonwealth,  by  virtue 
of  their  office  shall  be  the  collectors  of  all  the  city,  school 
and  poor  taxes,  assessed  or  levied  in  their  respective  cities, 
and  shall  perform  the  duties  and  be  subject  to  the  herein- 
after provisions  of  this  act.29 

Mechanic  art  schools.     Athletics. 

821.  In  every  city  of  the  second  class  the  central  board 
of  education,  and  in  every  city  of  the  third  -class  the  board 
of  school  controllers,  and  in  every  borough  and  township  of 
the  first  class  the  board  of  school  directors,  shall  have  power 
to  establish  and  maintain  one  or  more  schools  for  the  in- 
struction of  pupils  in  the  useful  branches  of  the  mechanic 
arts,  athletics  and  kindred  subjects,  to  provide  the  necessary 
buildings,  machinery,  apparatus  and  materials,  and  to  em- 
ploy teachers  and  instructors  therefor.30 

Change  of  text  books  restricted  in  cities  of  the  third  class. 

822.  Price  lists  of  books  to  be  furnished  and  adopted. 
Awarding  of  contracts. 

Penalty  for  violation  of  act.     Act  to  be  accepted31 

28.  Scranton  School  District  vs.  Simpson  et  aL ,  133  Pa.  202,  1890. 

29.  Act  June  20,  1901,  Sec.  i,  P.  L.  578. 

30.  Act  March  24,  1905,  Sec.  i,  P.  L,  52. 

31.  See  Supra,  TEXT  BOOKS  AND  SCHOOL  SUPPLIES,  Sec.  668, 

669,  670,  671. 


390  COMMON    SCHOOL    LAW 

School  taxes.    To  be  levied  on  city  assessment. 

823.  In  cities  of  the  third  class  where  the  school  dis- 
trict comprises  the  same  territory  as  the  city,  the  taxes  for 
school  and  school  building  purposes  shall  be  levied  on  the 
assessment  made  for  city  purposes.32 

Certification  of  assessment  to  board. 

824.  The  city  clerk  or  other  competent  person  author- 
ized by  city  council  shall  make,  for  the  use  of  the  school 
board,  a  true  copy  of  the  completed   assessment,  and  shall 
duly  certify  the  same  to  the  said  board.33 

Repeal . 

825.  All  acts  or  parts  of  acts  inconsistent  herewith  are 
hereby  repealed.34 

Cities  may  establish  institutions  for  scientific  and  educational  in- 
struction.    Acquisition  of  property.    Trustees. 

826.  The  city  councils  of  any  city,  with  the  approval  of 
the  mayor  or  recorder  thereof,  may  establish  in  such  city 
institutions  authorized  to  collect   and  hold  certain  educa- 
tional and  economic  collections,  the  object  of  each  being  the 
scientific,  educational  and  economic  instruction  of  the  pub- 
lic concerning  commerce,  manufacturing,  mining  and  agri- 
culture ;  said  institutions  to  have  power  to  purchase  or  ac- 
cept by  gift  any  real  estate,  money  or  personal  property 
necessary  for  their  use  and  promotion,  and  power  to  use, 
convey  or   transfer  the  same,  as  if  they  were  bodies  cor- 
porate, to  be  governed  by  boards  of  trustees,  nominated, 
appointed  and  confirmed  in  such  manner  as  the  city  coun- 
cils may  determine.35 

Sinking  fund  for  payment  of  funded  debt.     Rate  of  tax  therefor. 
Application  of  tax. 

827.  For  the  purpose  of  creating  a  sinking  fund  for  the 
gradual  extinguishment  of  the  bonds  and  funded  debt  of  the 


32.  Act  May  25,  1897,  Sec.  i,  P.  L.  85. 

33.  Act  May  25,  1897,  Sec.  2,  P.  L.  85. 

34.  Act  May  25,  1897,  P.  L/.  85.     Note — This  act  is  constitutional,  and 

applies  to  cities  of  the  third  class  whether,  it  seems,  such  cities 
have  accepted  the  school  privisions  of  the  act  of  May  23,  1874,  or 
not.  Erie  School  District  vs.  Smith,  195  Pa.  515,  1900. 

35.  Act  April  25,  1903,  Sec.  i,  P.  L.  314. 


CITIES   OF  THE   THIRD   CLASS  391 

respective  school  districts  in  the  cities  of  this  Commonwealth, 
the  school  controllers  of  each  thereof  shall  annually  (until 
payment  of  the  bonds  and  funded  debt  be  fully  provided  for) 
levy  and  collect  a  tax  of  not  less  than  one  mill,  and  not  ex- 
ceeding three  mills,  upon  the  assessed  value  of  the  taxable 
property  of  each  of  said  cities,  which  shall  be  paid  into  the 
school  treasury,  and  shall  be  applied  towards  and  extin- 
guishment of  said  bonds,  and  funded  debt,  in  the  order  of 
priority  of  the  date  of  its  issue,  and  to  no  other  purpose 
whatever  :  Provided,  That  the  whole  tax  of  such  school  dis- 
trict for  any  one  year  shall  not  exceed  the  entire  rate  now 
allowed  by  law  for  school  and  building  purposes.36  a 


36.  Act  May  23,  1874,  Sec.  44,  P.  L.  256.  a  See  title  INDEBTED- 
NESS, Supra  Sec.  346,  for  acts  governing  the  manner  of  increas- 
ing the  indebtedness  of  school  districts.  Numerous  acts,  some 
applying  to  school  districts  in  cities  of  the  third  class,  and  some 
to  school  districts  in  general,  authorize  the  funding  of  existing 
indebtedness.  The  Acts  of  May  19,  1897,  P.  L,.  76  (Supra,  Sec. 
364),  and  May  25,  1897,  P.  L,.  91,  validate  the  indebtedness  of  such 
municipalities  insured  in  excess  of  two  per  centum  and  less  than 
seven  per  centum  of  the  assessed  valuation,  or  under  an  irregular 
form  of  election  ballot. 

The  Act  of  May  7,  1885,  P.  L.  15,  see  Supra  CITY  AND  BOR- 
OUGH SUPERINTENDENTS,  Sec.  676,  authorized  the  election 
triennially,  on  the  first  Tuesday  of  May,  by  the  school  directors 
of  any  city,  borough  or  township  having  a  population  of  over  five 
thousand  inhabitants,  of  a  superintendent,  whose  duties  are  such 
as  are  prescribed  by  Sees.  7-10  of  the  Act  of  April  9,  1867,  P.  I/. 
53.  See  Supra  CITY  AND  BOROUGH  SUPERINTENDENT, 
Sec.  676,  677,  678,  679. 


CHAPTER  XXXV. 

STATE  NORMAL  SCHOOLS. 

PAGE 

828.  Normal  school  districts 393 

829.  Thirteenth  normal  school  district  erected 394 

830.  Establishment  of  normal  schools 394 

831.  Management  of  normal  schools  by  board  of  trustees.     Votes...  395 

832.  Power  of  boards  of  trustees  to  receive,  hold  and  use  real  and 

personal  estate.    395 

833.  Trustees  to  make  annual  reports.     Visitation 395 

834.  Suitable  buildings  and  other  requisites  of  such  schools 396 

835.  Hall,  lodging  rooms  and  refectories 396 

836.  Library  for  use  of  students 397 

837.  Professors 397 

838.  Principal 397 

839.  Course  of  study 397 

840.  Model  schools 398 

841.  Qualifications  for  admission 398 

842.  Text  books 398 

843.  Students  admitted  to  schools  on  school  district  account.     Ex- 

amination   398 

844.  Compensation  from  other  students 399 

845.  When  pupils  from  school  district  may  be  instructed  in  normal 

schools.     Payment  of  expenses.     Action  to  be  entered  upon 

the  minutes 399 

846      Admission  of  teachers  from  common  schools 400 

847.  Examinations  of   graduating  classes.     Board  of   Examiners. 

Appointment  of  board 400 

848.  Appropriation  for  expenses  of  board  of  examiners 400 

849.  Manner  of  holding  examinations 400 

850.  Power  to  expel  students  attending  school  on  district  account ..  401 

851.  Examination  of  schools  desiring  to  be  admitted  to  the  privi- 

leges of  normal  schools 401 

852.  Proceedings  where  two   or   more   schools   make  application. 

Visitation 402 

853.  Examination    of  candidates   for   graduation.     Certificates  of 

scholarship 402 

854.  Certificates.     Effect  thereof 1 403 

855.  When  additional  certificate  maybe  granted 403 

856.  When  certificates   of  graduation   shall  be   issued.     Proof  re- 

quired   403 

857.  Normal  school  second  diploma 404 

858.  Number   of    votes    necessary   to   obtain    a    certificate   or   to 

graduate ; 404 

859.  Provisional  certificates.     Degree  of  scholarship 405 

860.  Duty  of  students  who  graduate  on  district  account 405 

861.  Duty  of  superintendent 405 

862.  When  normal  schools  shall  go  into  operation 406 

863.  Requisites  for  the  establishment  of  a  normal  school.     Exami- 

nations   406 


STATE   NORMAL  SCHOOLS  393 

864.  State  trustees.     Appointment 407 

865.  State  appropriation 407 

866.  Allowance   to   students  who  agree  to  teach  in  the  common 

schools 407 

867.  Instruction  of  pupils  drawing  an  allowance 408 

868.  Allowance   of    fifty   dollars   to   certain   graduates   of   normal 

schools 408 

869.  Graduates  under  seventeen  years  old  not  entitled  to  fifty  dol- 

lar allowance 408 

870.  Trustees  and  their  powers.     Election  and  appointment 408 

871.  Elections  of  trustees  by  contributors  or  stockholders 409 

872.  State  trustees.     Nomination  and  appointment 409 

873.  First  election  and  appointment 409 

874.  Quorum 409 

875.  Powers  and  privileges  of  the  two  classes  of  trustees 410 

876.  Meeting  of  board  of  trustees.     Majority  of  trustees  requisite 

to  pass  motions 410 

877.  Distribution  of  state  appropriation 410 

878.  Limitation  of  indebtedness 411 

879.  Bonded  indebtedness  may   be   refunded.     Increase   of   mort- 

gage.    Statement  toauditor  general 411 

880.  Execution  of  bonds  and  mortgages 411 

881.  Priority  of  lien.     Exemption  from  tax 412 

882.  No  power  to  mortgage  without  special  statutory  authority 412 

883.  Normal  schools  subject  to  mechanics' liens 412 

884.  Condemnation  of  real  estate.     Enlargement  of  school  grounds. 

Bond 412 

885.  Petition.     Appointment  of  viewers 413 

886.  Viewers  to  be  sworn  413 

887.  The  view.     Estimate  of  damages.     Report 413 

888.  Compensation  of  viewers 414 

889.  Appeal  from  report  or  viewers 414 

890.  Costs.     By  whom  paid 414 

891.  Eminent  domain.     Entension  of  corporate  privileges 414 

892.  Officers  of  institutions  receiving  state  aid  shall  not  sell  or  fur- 

nish supplies.     Misdemeanor.     Fine  and  penalty 418 

893.  Manager  or  trustee  of  an  institution  receiving  state  aid  forbid- 

den to  sell  or  furnish  supplies  to  students 418 

894.  State  may  purchase  real  estate  of  normal  school  in  certain  cases 

895.  Return  of  sale  to  be  made  to  auditor  general 421 

896.  Appropriation  to  pay  purchase  money 421 

897.  Insurance  money  to  be  held  in  trust 421 

898.  Insurance  money  to  be  used  for  repairing  and  rebuilding 421 

Normal  school  districts. 

828.  For  the  purposes  of  the  following  act,  the  counties 
of  Delaware,  Chester,  Bucks,  and  Montgomery,  shall  form 


394  COMMON   SCHOOL   LAW 

the  first  normal  school  district ;  Lancaster,  York  and  Leb- 
anon, the  second ;  Berks,  Schuylkill  and  Lehigh,  the 
third  ;  Northampton,  Carbon,  Monroe,  Pike,  Luzerne  and 
Wayne,  the  fourth  ;  Wyoming,  Sullivan,  Susquehanna, 
Bradford,  Lycoming  and  Tioga,  the  fifth  ;  Dauphin,  North- 
umberland, Columbia,  Montour,  Union,  Snyder,  Perry, 
Juniata  and  MifHin,  the  sixth  ;  Cumberland,  Adams,  Frank- 
lin, Fulton,  Bedford,  Huntingdon  and  Blair,  the  seventh  ; 
Centre,  Clinton,  Clearfield,  Elk,  Potter,  McKean,  Jefferson, 
Clarion,  Forest  and  Warren,  the  eighth  ;  Cambria,  Indi- 
ana, Armstrong  and  Westmoreland,  the  ninth  ;  Washing- 
ton, Greene,  Fayette  and  Somerset,  the  tenth  ;  Allegheny, 
Butler  and  Beaver,  the  eleventh  ;  and  Lawrence,  Mercer, 
Venango,  Crawford  and  Erie,  the  twelfth.1 
Thirteenth  normal  school  district  erected. 

829.  The  eighth  normal  school  district  of  this  Com- 
monwealth, as  provided  by  section  i  of  the  act  of  May  20, 
1857,*  be  and  the  same  is  hereby  divided  ;  and  from  this  date, 
the  said  eighth  normal  school  district  shall   consist  of  the 
counties    of  Centre,    Clinton,   Clearfield,    Elk,    Potter  and 
Cameron,  and   the  counties  of  Jefferson,   Clarion,  Forest, 
Warren  and    McKean   shall  constitute  the  thirteenth   dis- 
trict.' 

Establishment  of  normal  schools. 

830.  When  any  number  of  citizens  of  this  state,  not 
less  than  thirteen,  shall,  as  contributors  or  stockholders, 
erect  and  establish  a  school  for  the  professional  training  of 
young  men  and  women  as  teachers  for  the  common  schools 
of  the  state,  in  accordance  with  the  provisions  of  this  act, 
such  school  may  become  entitled  to  its  benefits,  in  the  man- 
ner hereinafter  set  forth  :  Provided,  however,  That  not  more 
than  one  such  school  shall,  at  the  same  time,  become  and 
continue  to  be  entitled  to  such  benefits  in  each  of  the  forego- 
ing normal  school  districts  ;  and  that  this  act  shall   not  take 
effect  till  at  least  four  such  schools,  in  as  many  different  dis- 


1.  Act  May  20,  1857,  Sec.  I,  P.  L.  581. 
*P.  L.  581,  Supra  828. 

2.  Act  May  8,  1874,  Sec.  i,  P.  L.  120. 


STATE   NORMAL  SCHOOLS  395 

tricts,  shall  have  complied  and  been  recognized  in  accord- 
ance with  the  provisions  of  this  act 3 
Management  of  normal  schools  by  boards  of  trustees.     Votes. 

331.  The  pecuniary  affairs  of  each  of  said  schools  shall 
be  managed,  and  the  general  control  exercised  by  a  board 
of  trustees,  (whose  officers  shall  be  a  president  and  secretary 
who  shall,  and  a  treasurer,  who  shall  not,  be  members  of 
said  board),  to  be  chosen  by  the  contributors  or  stockholders 
on  the  first  Monday  in  May  annually ;  but  no  contributor 
or  stockholder  shall  have  more  than  five  votes  at  the  elec- 
tion of  trustees  ;  and  no  religious  test  or  qualification  shall 
be  required,  to  entitle  any  one  to  become  a  contributor, 
stockholder,  trustee,  professor  or  student  in  any  of  said 
schools.4 

Power  of  board*  of  trustees  to  receive,  hold  and  use  real  and  per- 
sonal estate. 

832.  After  the  said  schools  shall  have  been  recognized 
under  the  provisions  of  this  act,  it  shall  be  lawful  for  them 
to  receive,  hold  and  use,  under  the  direction  of  their  trustees 
aforesaid,  any  devise,  bequest,  gift,  grant  or  endowment  of 
property,  whether  real  or  personal,  which  may  be  made  to 
them ;  and  the  same  shall  be  so  applied  by  the  trustees  as 
shall,  in  the  opinion  of  a  majority  of  them,  increase  the  ef- 
ficiency and  usefulness  of  the  said  schools,  subject,  however, 
to  any  terms,  conditions   or  restrictions  which   may  be  at- 
tached to  such  devise,  bequest,  gift,  grant  or  endowment, 
not  inconsistent  with  the  spirit  and  purposes  of  this  act  ; 
and  the  said  trustees  shall  have  authority  to  bring  suit  in 
their  name  as  trustees,  and  do  all  other  things  necessary  for 
the  recovery,  use  and  application  of  the  same.5 

Trustees  to  make  annual  reports.     Visitation. 

833.  The  trustees  of  each  of  said  schools,  after  being 
recognized  under  the  provisions  of  this  act,  shall  annually 
in  the  month  of  October  furnish,  under  oath  or  affirmation 
of  the  president  of  the  board  of  trustees,  to  the  superintend- 


3.  Act  May  20,  1857,  Sec.  2,  P.  L.  581. 

4.  Act  May  20,  1857,  Sec.  3,  P.  L.  581. 

5.  Act  May  20,  1857,  Sec.  4,  P.  L.  581. 


396  COMMON    SCHOOL   LAW 

ent  of  common  schools,  a  full  account  of  its  pecuniary  con- 
dition, showing  income  and  debts,  if  any,  salaries  and  other 
expenses,  and  dividends  declared,  together  with  the  number 
of  students  admitted  and  graduated,  the  branches  taught, 
the  apparatus  procured,  the  improvements  effected,  and  the 
changes  made  during  the  preceding  year,  and  such  other 
information  as  said  superintendent  of  common  schools  may, 
from  time  to  time,  by  his  general  circular  to  all  of  said 
schools,  require  to  be  furnished  ;  and  each  of  said  schools 
shall  always  be  open  to  the  visitatiort  and  inspection  of  said 
superintendent  of  common  schools,  and  of  the  county  super- 
intendents of  all  the  counties  within  its  normal  school  dis- 
trict.6 

Suitable  buildings  and  other  requisites. 

834.  To  entitle  it  to  the  benefits  and  privileges  of  this 
act,  each  of  said  normal  schools  shall  possess  the  following 
requisites  : 

I.  Suitable  buildings  as  hereinafter  provided,  and  an 
area  of  ground  appurtenant  thereto,  of  not  less  than  ten 
acres  in  one  tract,  the  whole  of  which  shall  be  prepared  and 
used  as  a  place  for  gymnastic  exercises  and  healthful  racre- 
ation  by  students,  except  so  much  thereof  as  shall  be  neces- 
sarily occupied  by  the  buildings,  botanical  and  other  gardens, 
and  such  other  purposes  as  shall  be  plainly  promotive  of  the 
great  objects  of  the  institution.7 

Hall,  lodging  rooms  and  refectories. 

835.  II.  The  buildings  shall  contain  a  hall  of  sufficient 
size  to  comfortably  seat  at  least  one  thousand  adults,  with 
class  rooms,  lodging  rooms  and  refectories  for  at  least  three 
hundred  students,  all  properly  constructed  and  arranged  as 
to  light,  heat  and  ventilation,  so  as  to  secure  the  health  and 
comfort  of  the  occupants,  with  proper  provision  for  physical 
exercise  during  inclement  weather.8 


6.  Act  May  20,  1857,  Sec.  5,  P.  L.  581,  as  amended  by  act  April  n,  1862, 

Sec.  15,  P.  L.  475- 

7.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 

8.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 


STATE   NORMAL   SCHOOLS  397 

Library  for  use  of  students. 

836.  III.  Each  school  shall  contain  a  library  room  for 
the  accumulation  of  books  for  the  free  use  of  the  students,  a 
cabinet  for  specimens  and  preparations,  to  illustrate  the 
natural  and  other  sciences,  such  apparatus  and  philosophi- 
cal instruments  as  are  indispensable  for  the  same  purpose.9 
Professors. 

837.  IV.  Each  school  shall  have  at  least  six  professors 
of  liberal  education  and  known  ability  in  their  respective  de- 
partments, namely: — One  of  orthography,  reading  and  elocu- 
tion ;  one  of  writing,  drawing  and  book-keeping  ;  one  of 
arithmetic,  and  the  higher  branches  of  mathematics ;  one 
of  geography  and   history ;  one  of  grammar  and  English 
literature,  and  one  of  theory  and  practice  of  teaching,  to- 
gether with  such  tutors  and  assistants  therein,  and  such 
professors  of  natural,  mental  and  moral  science,  languages 
and  literature,  as  the  condition  of  the  school  and  the  num- 
ber of  students  may  require. I0 

Principal. 

838.  V.  The  principal  of  each  normal  school  shall  be  a 
professor  of  such  one  of  the  six  indispensable  branches  as 
may  be  assigned  to  him  by  the  trustees,  and  he  shall  be 
charged  with  the  whole  discipline  and  interior  government 
of  the  school,  in  conformity  with  such  regulations  as  shall, 
from  time  to  time,  be  adopted  by  the  trustees,  and  approved 
by  the  state  superintendent  of  common  schools." 

Course  of  study. 

839.  A  meeting  of  the  principals  of  the  several  normal 
schools,  for  the  purpose  of  fixing  a  general  course  of  study, 
and  arranging  other  matters  coming  within  their  jurisdic- 
tion as  a  body,  shall  be  called  at  Harrisburg,  by  the  super- 
intendent of  public  instruction,  whenever  he  shall  deem  it 
necessary,  or  upon  a  request  so  to  do,  made  by  three  prin- 
cipals of  state  normal  schools.12 


9  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 

10.  Act  May  20,  1857,  Sec.  6,  P.  L.  581, 

n.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 

12.  Act  April  12,  1875,  Sec.  10,  P.  L.  43. 


398  COMMON   SCHOOL   LAW 

Model  schools. 

840.  VI.  Each  school  shall  have  attached  to  it  one  or 
more  schools  for  practice,  or  model  schools, with  not  less  than 
one  hundred  pupils  from  the  children  of  the  vicinity,  and  so 
arranged  that  the  students  of  the  normal  school  shall  there- 
in acquire  a  practical  knowledge  of  the  art  of  teaching  under 
the  instruction  of  their  proper  professors.13 
Qualifications  for  admission. 

841.  VII.  The  qualifications  for  admission  in,  and  the 
course  and  direction  of  the  term  of  study  in  all  the  schools 
shall  be  such  as  shall  be  approved  by  and  at  a  meeting  of  all 
the  principals  of  the  normal  schools  then  recognized  under 
this  act ;  such  meeting  to  be  called  from  time  to  time,  as  he 
may  deem  expedient,  by  the  state  superintendent  of  common 
schools,  and  to  take  place  at  one  or  other  of  the  annual  ex- 
aminations hereinafter  provided  for,  except  the  first  meet- 
ing, which  shall  be  held  at  such  time  and  place  as  he  may 
indicate ;  and  at  such  meetings,  the  act  of  the  majority  of 
the  principals  shall  be  binding  on  all  the  schools  in  refer- 
ence to  the  qualification  for  admission  and  the  course  and 
term  of  study,  when  approved  by  the  state  superintendent 
of  common  schools.14 

Text  books. 

842.  VIII.  The  text  books  to  be  used  in  each  of  said 
schools  shall  be  such  as  may  be  selected  by  its  proper  pro- 
fessors, with  the  approbation  of  the  trustees  thereof.15 

Students  admitted  to  schools  on  school  district  account.     Exam- 
ination. 

843.  IX.  Each  of  said  schools  shall  admit  when  re- 
quired, and  retain  during  the  whole  term  of  study,  if  so  long 
they  behave  themselves  well,  one  student  annually,  alter- 
nately male  and  female,  from  each  common  school  district 
within  the  counties  composing  its  normal  district,  at  a  cost 
of  not  more  than  five  dollars  each  for  the  term  or  quarter  of 
eleven  weeks,  to  be  paid  in  advance  by  the  board  of  directors 
sending  them  ;  said  students  to  be  selected  after  public  ex- 


13.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 

14.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 

15.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 


STATE   NORMAL   SCHOOLS  399 

amination  by  said  directors  from  amongst  those,  if  males,  of 
the  age  of  sixteen  or  upwards,  and  if  females,  of  not  less  than 
fourteen  )-ears,  who  manifest  a  desire  and  a  capacity  to  exer- 
cise the  profession  of  teaching,  preference  being  always 
given  to  those  of  the  best  moral  character,  most  studious 
habits  and  greatest  proficiency  in  knowledge,  but  no  one  to 
be  so  admitted  unless  proficient  in  all  the  studies  required 
for  entrance  into  the  normal  schools  by  their  general  regu- 
lations, adopted  under  Article  VII.*  of  this  section.16 
Compensation  from  other  students. 

844.  X.  Students  other  than  those  admitted  on  district 
account,  to  pay  such  sum  for  tuition  as  the  trustees  shall  de- 
termine ;  but  in  the  admission  of  such  students  the  prefer- 
ence always  to  be  given  to  such  as  are  designed  for  the  pro- 
fession of  teaching,  and  as  between  private  and  public  stu 
dents,  a  like  preference  to  be  given  to  the  latter  in  case  of 
insufficiency  of  room  to  accommodate  all  who  apply,  and  no 
difference  in  the  charge  for  boarding  and  lodging  to  be  made 
in  favor  of  any  class  of  students.17 

When  pupils  from  school  district  may  be  instructed    in  normal 
schools.    Payment  of  expenses.    Minutes. 

845.  From  and  after  the  passage  of  this  act  it  shall  be 
lawful    for  the  trustees  of  the  state  normal  schools  now 
within  the  Commonwealth  of  Pennsylvania,  or  that  may 
hereafter  be  established  within  said  Commonwealth,  and  the 
school  directors  of  any  school  district  to  enter  into  an  ar- 
rangement or  agreement  between  such  trustees  and  such 
school    directors    of  such  district  by  which  the  pupils  of 
such  school  district,  or  any  portion  of  them  as  may  not  be 
convenient  to  any  school,  may  be  instructed  at  any   such 
state   normal  school,  and  the  expense  of  such   instruction 
shall  be  paid  as  may  be  agreed  upon  between  the  directors 
or  controllers  of  such  district  and  the  trustees  of  any  of  said 
normal  schools.     Such  action  of  the  said  school  district  or 
districts  and  the  trustees  of  such  state  normal  school  shall 


*  Supra  841. 

16.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 

17.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 


400  COMMON   SCHOOL   LAW 

be  entered,  respectively,  upon  the  minutes  of  the  said  re- 
spective boards.18 
Admission  of  teachers  from  common  schools. 

846.  XL  Teachers  who  shall  have  taught  a  common 
school  in  their  proper  normal  district  during  a  full  school 
term  of  their  common  school  district  next  preceding  their 
application,  may  be  admitted  for  any  term  not  less  than  one 
month  into  their  proper  norma1  school,  at  a  charge  for  in- 
struction not  to  exceed  two  dollars  per  month,  and  shall  pay 
the  same  price  for  boarding  and  lodging,  if  there  be  room 
for  them,  as  other  students,  and  shall  have  the  same  care  and 
facilities  for  study  in  proportion  to  their  advancement.19 

Examinations  of  graduating   classes.     Board   of  examiners.     Ap- 
pointment of  Board. 

847.  All  examinations  of  the  graduating  classes  at  the 
normal  schools  shall  be  conducted  by  a  board,  of  which  the 
superintendent  of  public  instruction  or  his  deputy  shall  be 
president,  of  two  principals  of  the  normal  schools,  of  whom 
the  principal  of  the  school  where  the  students  are  to  be  ex- 
amined shall  be  one,  and  not  less  than  two  nor  more  than 
six  county,  city,  borough  or  township  superintendents,  to 
be  appointed  by  the  superintendent  of  public  instruction.20 
Appropriation  for  expenses  of  board  of  examiners. 

848.  The  expenses  incurred  by  the  members   of  the 
several  boards  of  examiners  shall  be  paid  by  the  state,  as 
provided  by  existing  laws,  and  the  sum  of  two  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary,  shall  be 
annually  appropriated  for  that  purpose.21     All  acts  or  parts 
of  acts  inconsistent  herewith  are  herewith  repealed. 2I% 
Manner  of  holding  examinations. 

849.  XII.  The  annual  examinations  shall  take  place 
in  the  presence  of  the  superintendents  of  all  the  counties  em- 
braced in  the  proper  normal  school  districts.22 


18.  Act  June  28,  1895,  Sec.  i,  P.  L.  412. 

19.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 

20.  Act  April  23,  1895,  Sec.  I,  P.  I,.  41. 

21.  Act  April  23,  1895,  Sec.  2,  P.  L.  41. 
2i>£.     Act  April  23,  1895,  Sec.  3,  P.  L.  41. 

22.  Act  May  20,  1857,  Sec.  6,  P.  L.  581. 


STATE    NORMAL   SCHOOLS  401 

Power  to  expel  students  attending  school  on  district  account. 

850.  XIII.  The  faculty  of  each  normal  school  shall 
have  the  power  to  expel  any  student  attending  on  district 
account  for  improper  conduct,  which  expulsion  and  the 
cause  of  it  shall  forthwith  be  certified  in  writing  by  the 
principal  to  the  directors  of  the  district  from  which  the  ex- 
pelled student  was  admitted,  whereupon  such  directors  shall 
have  the  right  to  supply  the  vacancy  thus  created.23 

Examinations  of  schools  desiring  to  be  admitted  to  the  privileges 
of  normal  schools. 

851.  When  the  trustees  of  any  school  desirous  of  claim- 
ing the  privileges  of  this  act  shall  make  application  to  the 
state  superintendent  of  common  schools,  it  shall  be  the  duty 
of  the  superintendent  of  common  schools,  together  with 
four  other  competent  and  disinterested  persons,  to  be  chosen 
by  him,  with  the  consent  of  the  governor,  and  all  the  super- 
intendents of  the  counties  in  the  normal  school  district  in 
which  such  school  shall  be  situated,  on  receiving  due  notice 
from  the  department  of  common  schools  personally,  and  at 
the  same  time,  to  visit  and  carefully  inspect  such  school  ; 
and   if,  after  thorough  examination  thereof,  and  of  its  by- 
laws, rules  and  regulations  and  of  its  general  arrangement 
and  facilities  for  instruction,  they  or  at  least  two-thirds  of 
them  shall  approve  the  same,  and  find  that  they  fully  come 
up  to  the  provisions  of  this  act,  in  that  case  and  in  no  other 
they  shall  certify  the  same  to  the  department  of  common 
schools,  with  their  opinions  that  such  school  has  fully  com- 
plied with  the  provisions  of  this  act,  as  far  as  can  be  done 
before  going  into  operation  under  this  act  ;  whereupon  the 
state  superintendent  shall  forthwith  recognize  such  school  as 
a  state  normal  school  under  this  act,  and  give  public  notice 
thereof  in  two  newspapers   in   each  county  in  the  proper 
normal  school  district,  and  thenceforward  this  act  shall  go 
into  full  operation,  so  far  as  regards  such  school,  without 
any  further  proceedings :   Provided,  however,  As  hereinbe- 
fore set  forth,  that  no  such    notice  shall  be  given  until  at 
least  three  other  normal  schools,  in  as  many  different  nor- 
mal districts,  shall  have  been  similarly  inspected,  approved 

23.     Act  May  20,  1857,  Sec.  6,  P.  L.  581. 


402  COMMON   SCHOOL   LAW 

and  certified  to  the  department  of  common  schools  ;  and  if 
upon  due  inspection  any  school  so  applying  shall  be  found 
insufficient  under  this  act,  said  board  of  inspectors  shall  so 
report  to  the  superintendent  of  common  schools,  who  shall 
thereupon  inform  the  trustees  thereof  of  such  adverse  re- 
port.2* 

Proceedings  where  two  or  more  schools  make  application.     Visit- 
ation. 

852.  If  two  or  more  schools  apply  in  the  same  district 
to  be  recognized  under  this  act  at  the  same  time,  all  of  them 
shall  be  visited  in  the  manner  prescribed  by  the  next  pre- 
ceding section,  and  the  one  found  to  possess  the  largest  and 
best  accommodations  and  arrangements,  to  give  effect  to  the 
purposes  of  this  act,  shall  be  preferred,  and  so  certified  if  it 
fully  come  up  to  the  requirements  of  this  act ;  and  if  two  or 
more  schools  in  the  same  district  be  found  to  possess  equal 
accommodations  and  arrangements  fully  up  to  the  require- 
ments of  this  act,  in  that  case  the  one  nearest  to  the  centre 
of  the  proper  normal  district  shall  be  preferred,  and  certified 
for  recognition  to  the  department  of  common  schools  ;  and 
if  one  or  more  of  the  schools  thus  applying  for  recognition 
give  notice  to  the  department  of  common  schools,  with  rea- 
sonable assurance  that  it  or  they  are  not  now  ready  for  in- 
spection under  the  seventh  section  of  this  act,*  but  will  be 
within   the   term  of  six  months  from  and  after  the  date  of 
such  notice,  in  that  case  none  of  the  applicant  schools  shall 
be  inspected  in  such  district  till  such  time  within  said  six 
months  when  all  shall  be  prepared  for  inspection,  when  like 
proceedings  shall  take  place  as  have  been  prescribed  in  the 
preceding  part  of  this  and  the  seventh  section.25 

Examination  of  candidates  for  graduation.     Certificates  of  schol- 
arship. 

853.  The  board  of  principals  who  shall  examine  the 
candidates  for  graduation  in   any  of  the   normal  schools 
under  this  act,  shall  issue  certificates  to  be  signed  by  all  of 
them  to  all  such  students  of  the  full  course  as  two-thirds  of 

24.  Act  May  20,  1857,  Sec.  7,  P.  L,.  581. 
*  Supra  851. 

25.  Act  May  20,  1857,  Sec.  8,  P.  L.  581. 


STATE    NORMAL   SCHOOLS  403 

the  board  shall  approve,  setting  forth  expressly,  the  branches 
in  which  each  have  been  found  duly  qualified,  which  certifi- 
cates must  embrace  all  the  branches  enumerated  in  the  fourth 
article  of  the  fifth  section  of  this  act,*  including  the  theory  biit 
not  including  the  practice  of  teaching,  and  may  also  em- 
brace any  additional  branches  in  which  the  graduate  was 
found  proficient ;  actual  teachers  of  common  schools  in 
good  standing  who  shall  produce  satisfactory  evidence  of 
having  taught  in  common  [schools]  during  three  full  con- 
secutive annual  terms  of  the  districts  in  which  they  were 
employed,  may  also  be  examined  at  the  same  time  and  in 
the  same  manner  with  the  regular  students  of  their  proper 
normal  school,  and  if  found  equally  qualified,  shall  receive 
certificates  of  scholarship  of  the  same  kind.26 
Certificates.  Effect  thereof. 

854.  All  the  certificates  granted  under  this  section  shall 
be  received  as  evidence  of  scholarship  to  the  extent  set  forth 
on  the  face  of  them,  without  further  examination,  in  every 
part  of  the  state.27 

When  additional  certificate  may  be  granted. 

855.  Whenever  the  holder  of  any  certificate  under  this 
section  shall  by  study  and  practice,  have  prepared  for  exam- 
ination in  any  branches  of  study  additional  to  those  in  such 
certificate,  he  or  she  may  attend  the  annual  examination  of 
the  normal  school  of  the  district,  and  if  found  duly  quali- 
fied, shall   receive  a  new   certificate,  setting  forth  all  the 
branches  in  which  up  to  that  time,  he  or  she  may  have  been 
found  proficient  ;  and  thenceforth  such  enlarged  certificate 
shall  also  be  evidence  of  scholarship  to  the  extent  of  it  in 
every  part  of  the  state  without  further  examination.28 
When  certificates  of  graduation  shall  be  issued.     Proof  required. 

856.  No   certificate  of  competence   in   the  practice  of 
teaching  shall  be  issued  to  the  regular  graduate  of  any  of 
said  normal  schools,  till  after  the  expiration  of  two  years 
from  the  date,  of  graduation,  and  of  two  full  annual  terms 


*  Supra  837. 

26.  Act  May  20,  1857,  Sec.  9,  P.  L,.  581. 

27.  Act  May  20,  1857,  Sec.  9,  P.  L,.  581. 

28.  Act  May  20,  1857,  Sec.  9,  P.  L.  581. 


404  ,  COMMON    SCHOOL   LAW 

of  actual  teaching  in  the  district  or  districts  in  which  such 
graduate  taught,  nor  to  any  teacher  who  shall  hold  a  full 
certificate  of  scholarship,  without  having  been  a  regular 
student  and  graduate,  unless  upon  full  proof  of  three  years 
actual  teaching  in  a  common  school  or  schools,  nor  in  either 
case  without  the  production  of  a  certificate  of  good  moral 
conduct,  and  satisfactory  discharge  of  the  requisite  duration 
of  professional  duty,  from  the  board  or  boards  of  directors 
in  whose  employment  the  applicant  shall  have  taught, 
countersigned  by  the  county  superintendent  of  the  proper 
county  or  counties  ;  on  the  production  of  which  proof  and 
not  otherwise,  a  full  certificate  of  competence  in  the  prac- 
tice of  teaching  shall  be  added  to  the  certificate  of  scholar- 
ship, and  of  theoretical  knowledge  of  the  science  of  teaching 
already  possessed,  to  be  received  as  full  evidence  of  practical 
qualification  to  teach  in  any  part  of  the  state  without  further 
examination :  Provided,  however,  That  practical  teachers 
who  shall  upon  due  examination,  receive  a  certificate  of 
scholarship,  may  at  the  same  time  receive  a  certificate  in 
the  practice  of  teaching,  upon  producing  the  required  evi- 
dence of  three  years'  previous  experience  in  the  art  of  teach- 
ing and  of  good  moral  conduct.29 
Normal  school  second  diploma. 

857.  Under  the  act  of  May  20,  1857,  the  necessary  two 
years  of  actual  teaching  must  be  in  Pennsylvania  before  a 
second  diploma  can  be  granted  to  a  graduate  of  a  normal 
school.     If  students  go  into  other  states  to  teach,  Pennsyl- 
vania received  no  direct  benefit,  although  she  has  contrib- 
uted liberally  to  their  support.     Of  course,  it  is  not  within 
the  power  of  the  legislature   to  prevent  graduates  of  our 
normal  schools  from  going  into  other  states  to  teach,  but  it 
can  say  that  by  so  doing  they  forfeit  the  advantages  which 
the  law  confers  upon  those  teachers  who  give  their  services 
to  our  common  schools.30 

Number  of  votes  necessary  to  obtain  a  certificate  or  to  graduate. 

858.  No  person  shall  graduate  at  a  state  normal  school 
or  receive  a  state  certificate  as  a  practical  teacher,  unless  by 

29.  Act  May  20,  1857,  Sec.  10,  P.  L.  581. 

30.  Teachers'  Certificate,  16  Pa.  C.  C.  403. 


STATE   NORMAL  SCHOOLS  405 

the  affirmative  vote  of  four  out  of  five  members  of  the  board 

of  examiners.31 

Provisional  certificates.     Degree  of  scholarship. 

859.  No  temporary  or  provisional  certificate  nor  cer- 
tificate of  any  less  degree  of  scholarship  than  that  required 
by  the  ninth  section  of  this  act,  shall  be  issued  by  said 
board  of  principals  nor  by  the  faculty  of  any  of  said  schools, 
but  the  principal  of  each  of  said  schools  may  certify   in 
writing,  to  the  length  of  time  which  teachers  may  have  at- 
tended under  the  eleventh  article  of  the  sixth  section  of  this 
act,*  and  the  manner  of  their  deportment  while  in  attend- 
ance32 

Duty  of  students  who  graduate  on  district  account. 

860.  The  students  who  shall  graduate  on  district  ac- 
count in  any  of  said  normal  schools,  shall  be  liable  to  devote 
the  next  three  years  after  their  graduation,  to  the  exercise  of 
their  profession  as  teachers  in  the  common  schools  of  the 
district  which  defrayed  the  expense  of  their  professional  in- 
struction, if  so  required  by  the  respective  boards  of  directors 
of  such  districts,  and  at  the  medium  salary  or  compensation 
paid  in  such  districts,  and  if  not  so  required  by  their  proper 
district,  they  shall  devote  said  three  years  to  the  employ- 
ment of  teaching  in  the  common  schools  of  someother  district 
or  districts,  at  such  salary  as  may  be  given  therein  ;  and 
each  of  said  students  before  admission  to  the  proper  normal 
school,  shall  subscribe  a  written  declaration  of  his  or  her  in- 
tention to  comply  with  the  provisions  of  this  section,  which 
shall  be  deposited  with  the  secretary  of  the  board  of  direc- 
tors of  the  proper  common  school  district33 

Duty  of  superintendent 

86 1.  It  shall  be  the  duty  of  the  superintendent  of  com- 
mon schools  to  prescribe  all  forms  and  to  give  all  instruc- 
tions required  for  carrying  this  act  into  full  effect  on  all 
points  not  herein  set  forth  in  detail.34 

31.  Act  May  12,  1875,  Sec.  9,  P.  L,.  43. 
*  Supra  846. 

32.  Act  May  20,  1857,  Sec.  n,  P.  L.  581. 

33.  Act  May  20,  1857,  Sec.  12,  P.  L.  581. 

34.  Act  May  20,  1857,  Sec.  13,  P.  L,.  581, 


406  COMMON   SCHOOL   LAW 

When  normal  schools  shall  go  into  operation. 

862.  As  soon  as  a  normal  school,  such  as  Is  contem- 
plated and  described  by  the  act35  to  which  this  is  a  supplement, 
shall  be  in  full  operation  in  any  of  the  districts  created  by  said 
act,36  and  shall  have  all  the  requisites,  and  have  been  visited, 
approved  and  recognized  in  the  mode  directed  by  said  act, 
then  said  act  shall  go  into  operation  as  fully  and  effectually, 
in  regard  to  said  school,  as  if  the  four  schools  thereby  re- 
quired had  been  established  and  recognized  :   Provided,  how- 
ever, That  not  more  than  one  school  in  each  district  shall 
be  recognized  under  this  act.37 

Requisites  for  the  establishment  of  a  normal  school. 

863.  The  requisites  to  entitle  any  school  to  the  benefits 
of  this  act,  or  the  one  to  which  this  is  a  supplement,  as  set 
forth  in  the  sixth,  section  thereof,  are  hereby  altered  in  the 
following  particulars,  viz.  :  The  pupils  of  the  model  school 
may  or  may  not  be  from  the  immediate  vicinity  of  the  nor- 
mal school  with  which  it  is  connected,  as  in  the  discretion 
of  the  trustees  thereof  shall  seem  most  expedient;38  that  the 
cost  of  the  tuition  of  all  classes  of  students,  whether  admitted 
on  common  school   district  account,    private  account,   or 
whether  they  are  actual  school  teachers,  shall  be  fixed  by 
the  trustees  of  the  several  schools  ;39  that  the  examination  of 
students  for  graduation,40  if  only  one  school  shall  be  in  rec- 
ognized operation,  shall  be  by  the  faculty  thereof:  if  two 
schools  shall  be  in  operation,  it  shall  be  by  the  principals  of 
both  ;  if  three,  it  shall  be  by  the  principals  of  all,  or  at  least 
two  of  them  ;  and  when  more  than  three  shall  be  in  opera- 
tion, the  examination  shall  never  be  conducted  by  less  than 
three  principals,  to  be  designated  as  prescribed  by  the  twelfth 
paragraph   of  the  sixth  section  of  said  act,41  of  whom  the 
principal  of  the  school  whose  students  are  to  be  examined 
shall  be  one  :  And  provided,   That  these  examinations  shall 


35.  Act  May  20,  1857,  P.  L.  581. 

36.  Supra,  828-829. 

37.  Act  April  15,  1859,  Sec.  i,  P.  L.  680. 

38.  Supra,  840. 

39.  Supra,  843-844-845. 

40.  Supra,  847-848-849.  , 

41.  Supra,  849. 


STATE   NORMAL  SCHOOLS  407 

in  all  cases  be  conducted  in  the  presence  of  the  superin- 
tendent of  common  schools  and  the  county  superintendents 
of  the  proper  district,  if  they  desire  to  attend,  upon  receiv- 
ing due  notice  ;  that  the  certificate  to  graduates  shall  em- 
brace such  branches  of  learning,  in  addition  to  those  of 
orthography,  reading,  writing,  English  grammar,  geography 
and  arithmetic,  as  shall  be  prescribed  by  the  board  of  prin- 
cipals in  accordance  with  the  seventh  paragraph  of  the  sixth 
section  of  said  act,42  or  by  the  principal  of  the  first  school 
recognized,  so  long  as  only  one  shall  be  in  operation  ;  and 
the  certificate  shall  be  signed  by  all  the  examiners,  if  less, 
and  by  at  least  two-thirds  of  them,  if  more  than  three,  and 
also  by  the  whole  faculty  of  the  proper  school,  in  every 
case.43 
State  trustees.  Appointment. 

864.  The  state  superintendent  shall  appoint,  on  or  be- 
fore the  first  Monday  of  May,  annually,  two  citizens  of  each 
normal  school  district  in  which  a  normal  school  is  in  opera- 
tion, and  which  have  received   or  shall  receive  any  appro- 
priation from  the  state,  to  act  as  trustees  on  the  part  of  the 
state,  with  all  the  rights  and  privileges  of  other  trustees  in 
the  boards  of  trustees  of  the  several  normal  schools  :  Pro- 
vided, That  this  act  shall  apply  to  such  normal  school  asso- 
ciations as  shall  accept  its  provisions.44 

State  appropriation. 

865.  For  the  support  of  the  public  schools  and  normal 
schools  of  this    Commonwealth,  for  the   two   years  com- 
mencing on  the  first  day  of  June,  one  thousand  nine  hun- 
dred and  five,  the  sum  of  eleven  million  one  hundred  thou- 
sand dollars.45 

Allowance  to  students  who  agree  to  teach  in  the  common  schools. 

866.  Out  of  the  sum  of  eleven  million  one  hundred 
thousand  dollars  hereby  appropriated,  there  shall  be  paid  for 
the  education  of  teachers  in  the  state  normal  schools  the 


42.  Supra,  841. 

43.  Act  April  15,  1859,  Sec.  2,  P.  L.  680. 

44.  Act  February  15,  1872,  Sec.  i,  P.  L.  16. 

45.  Sec.  8  of  the  General  Appropriation  Act  of  1905,  P.  L.  596. 


408  COMMON   SCHOOL   LAW 

sum  of  four  hundred  and  seventy-five  thousand  dollars,  to 
be  applied  as  follows :  For  each  student  over  seventeen 
years  of  age,  who  shall  sign  an  agreement  binding  said 
student  to  teach  in  the  common  schools  of  this  state  two 
full  annual  terms,  there  shall  be  paid  the  sum  of  one  dollar 
and  fifty  cents  a  week,  in  full  payment  of  the  expenses  for 
tuition  of  said  students.46 
Instruction  of  pupils  drawing  an  allowance. 

867.  Each  student  in  a  state  normal  school  drawing  an 
allowance  from  the  state  must  receive  regular  instruction 
in  the  science  and  art  of  teaching,  in  a  special  class  devoted 
to  that  object,  for  the  whole  time  for  which  such  allowance 
is  drawn  ;  which  amount  shall  be  paid  upon  the  warrants 
of  the  superintendent  of  public  instruction.47 

Allowance  of  fifty  dollars  to  graduates  of  normal  schools. 

868.  To   each  'student   who,    during  the  school   year 
commencing  on  the  first   Monday  of  June,  one  thousand 
eight  hundred  and  sixty-six,  shall  have  graduated  at  any  of 
the  normal  schools  of  the  state,  and  who  shall  sign  an  agree- 
ment, binding  said  student  to  teach,  in  the  common  schools 
of  the  state,  two  full  years,  there  shall  be  paid  the  sum  of 
fifty  dollars.48 

Graduates  under  seventeen  years  old   not  entitled  to  fifty-dollar 
allowance. 

869.  The  allowance  of  fifty  dollars  to  graduates  of  nor- 
mal schools  who  agree  to  teach  two  years  in  the  public 
schools  cannot  be  paid  to  students  who  graduate  under  age 
of  seventeen.49 

Trustees  and  their  powers.     Election  and  appointment. 

870.  The  pecuniary  and  other  affairs  of  each  state  nor- 
mal school  shall  be  managed  by  a  board  of  eighteen  trustees, 
twelve  elected  by  the  contributors  or  stockholders,  and  six 
appointed  by  the  superintendent  of  public  instruction.50 


46.  Sec.  8  of  the  General  Appropriation  Act  of  1905,  P.  L-  596. 

47.  Sec.  8  of  the  General  Appropriation  Act  of  1905,  P.  L.  596. 

48.  Act  April  n,  1866,  Sec.  16,  P.  L.  73- 

49.  In  re  Normal  School,  5  D.  R.  501,  1896. 

50.  Act  April  12,  1875,  Sec.  i,  P.  L.  43. 


STATE   NORMAL   SCHOOLS  409 

Elections  of  trustees  by  contributors  or  stockholders. 

871.  The  trustees  on  the  part  of  the  contributors  or 
stockholders  shall  be  elected  from  their  own  number,  at  a 
meeting  to  be  held  on  the  first  Monday  in  May,  annually.51 
State  trustees.     Nomination  and  appointment. 

872.  The  contributors  or  stockholders  shall,  at  the  an- 
nual meeting,  select  and  nominate  to  the  superintendent  of 
public  instruction  twice  as  many  persons  as  are  to  be  ap- 
pointed, from  whom,  if  satisfactory  to  him,  he  shall  appoint 
the  required  number  to  act  in  the  board  as  trustees  on  the 
part  of  the  state ;  but  if  the  nominations  so  made  be  not 
satisfactory  to  the  said  superintendent  of  public  instruction 
he  shall,   with   the  advice  and   consent  of  the  governor, 
choose  others  deemed  more  suitable.52 

First  election  and  appointment. 

873.  At  the  first  annual  meeting,  after  the  passage  of 
this  act,  of  the  contributors  or  stockholders  of  all  normal 
schools  now  acting  as  state  institutions,  and  at  a  meeting 
of  the  contributors  or  stockholders  of  all  normal  school 
associations  applying  to  the  proper  authorities  for  recogni- 
tion as  state  normal  schools,  twelve  persons  shall  be  elected 
trustees  on  the  part  of  such  contributors  or  stockholders, 
four  to  serve  for  one  year,  four  for  two  years,  four  for  three 
years  ;  and  thereafter  only  four  persons  are  to  be  elected  an- 
nually, to  serve  for  three  years  ;  and  at  the  same  time,  said 
meetings   of  contributors   or  stockholders  shall  nominate 
twelve  persons  to  the  superintendent  of  public  instruction 
from  whom,  if  satisfactory ,  or  if  not,  as  hereinbefore  directed, 
he  shall  appoint  two  trustees  to  serve  for  one  year,  two  for 
two  years,  two  for  three  years  ;  the  nominations  for  all  sub- 
sequent years  being  limited  to  four,  and  the  appointments 
to  two,  to  serve  for  three  years.53 

Quorum. 

874.  Seven  trustees  shall  be  necessary  to  constitute  a 
quorum  to  do  business  ;  and  that  after  the  approval  pro- 


51.  Act  April  12,  1875,  Sec.  2,  P.  L.  43. 

52.  Act  April  12,  1875,  Sec.  3,  P.  L.  43- 

53.  Act  April  12,  1875,  Sec.  4,  P.  L.  43- 


410  COMMON   SCHOOL   LAW 

vided  for  in  section  seventh  of  the  act  of  I857,54  all  changes 
in  by-laws  and  rules  for  regulating  the  proceedings  of  the 
board  must  be  approved  by  the  superintendent  of  public  in- 
struction.55 
Powers  and  privileges  of  the  two  classes  of  trustees. 

875.  The  powers  and  privileges  of  the  two  classes  of 
trustees  in  the  board  shall  be  the  same  ;  but  it  shall  require 
a  three-fourths  vote  of  all  the  trustees  present  at  any  meet- 
ing of  the  board  to  pass  any  motion  or  resolution  on  which 
the  yeas  and  nays  are  called.*  5<5 

Meeting  of  board  of  trustees.     Majority  of  trustees  requisite  to 
pass  motions. 

876.  So  much  of  the  sixth  section  of  the  act  to  which 
this   is  a  supplement,57  as  provides  that  it  shall  require  a 
three-fourths  vote  of  all  of  the  trustees  present  at  any  meet- 
ing of  the  board  to  pass  any  motion  or  resolution  on  which 
the  yeas  and  nays  are  called,  be  and  the  same  is  hereby  re- 
pealed, except  so  far  as  relates  to  any  motion  or  resolution 
for  the  sale  of  real  estate  belonging  to  the  corporation,  or 
for  the  purchase  of  real  estate  by  the  corporation,  or  for  cre- 
ating any  lien  on  said  real  estate  by  payment  or  mortgage, 
or  for  the  expenditure  of  moneys  appropriated  by  the  state 
where  such   expenditure  is  not  specifically  designated  by 
law,  or  for  the  surrender  of  the  franchises  of  the  corpora- 
tion :   Provided,  That  at  any  such  meeting  a  majority  of  the 
whole  board  of  trustees  be  present.58 

Distribution  of  state  appropriation. 

877.  All  state  appropriations  made  directly  to  normal 
schools  shall  be  distributed  through  a  commission,  consist- 
ing of  the  governor,  the  superintendent  of  public  instruc- 
tion and  the  attorney  general,  on  such  conditions  as  shall 
protect  the  interests  of  the  state,  and  to  do  exact  and  equal 
justice  to  the  several  schools  ;  and  the  conditions  of  all  such 


54.  Supra,  85. 

55.  Act  April  12/1875,  Sec.  5,  P.  L.  43. 
*  Note— See  Infra,  876. 

56.  Act  April  12,  1875,  Sec.  6,  P.  L.  43. 

57.  Supra,  875- 

58.  Act  March  24,  1877,  Sec.  i,  P.  L.  37. 


STATE   NORMAL   SCHOOLS  411 

appropriations,  when   made   to  aid   students   in   becoming 
teachers,  shall  be  fixed  by  the  law  making  them.59 

Limitation  of  indebtedness. 

878.  No  institution  shall  hereafter  be  recognized  as  a 
state  normal  school  with  an  indebtedness  exceeding  one- 
third  of  the  value  of  the  property  belonging   thereto,  nor 
without  being  fully  provided  with  buildings,  furniture  and 
apparatus  as  the  law  requires.60 

Bonded   indebtedness   may   be  refunded.     Increase  of  mortgage. 
Statement  to  auditor  general. 

879.  The  several  normal  schools  of  the  state  of  Penn- 
sylvania, by  their  trustees,  be  and  they  are  hereby  authorized 
and  empowered  to  replace,  upon  the  bir'ldings  and  grounds 
of  any  of  said  schools  or  any  part  of  the  same,  any  mortgage 
that  is  or  shall  become  due  on  or  after  the  passage  of  this 
act,  at  a  lower  rate  of  interest,  not  to  exceed  five  per  centum 
per  annum  ;  and  to  increase  said  mortgage  to  a  sum  not,  in 
any  event,  to  exceed  fifty  thousand  dollars,  for  the  payment 
of  debts  contracted  by  the  trustees  of  such  normal  school 
prior  to  the  time  of  the  passage  of  this  act :  Provided,  Said 
increase  is  for  the  purpose  of  paying  loans  and  indebtedness 
heretofore  contracted  by  said  trustees  for  the  erection   of 
buildings  and  making  of  improvements  to  buildirfgs  and 
grounds  :  And  provided,  also,  That  an  itemized  and  certified 
statement  of  the   expenditures  of  said  buildings  and  im- 
provements be  first  submitted  to  the  auditor  general,  and  be 
approved  by  him.51 

Execution  of  bonds  and  mortgages. 

880.  The  bonds  and  mortgages  of  such  school,  hereby 
authorized,  shall  be  signed  by  the  president  and  attested  by 
the  secretary  of  the  board  of  trustees,  under  the  seal  of  the 
school,  by  the  direction  of  the  board  of  trustees,  and  shall 
be  payable  at  such  time  as  they  may  fix.62 


59.  Act  April  12,  1875,  Sec.  7,  P.  L.  43- 

60.  Act  April  12,  1875,  Sec.  8,  P.  L,.  43. 

61.  Act  May  22,  1901,  Sec.  I,  P.  L.  290. 

62.  Act  May  22,  1901,  Sec.  2,  P.  L>  290. 


412  COMMON   SCHOOL   LAW 

Priority  of  lien.     Exemption  from  tax. 

88 1.  The  said  bonds  and  mortgages,  to  be  so  placed, 
shall  be  prior  liens  to  all   mortgages  and  liens  of  the  Com- 
monwealth  of  Pennsylvania   for   money  heretofore  appro- 
priated to  the  said  schools  by  the  state  of  Pennsylvania  ; 
and  that  said  bonds  and  mortgages  shall  be  and  hereby  are 
exempt  from  all  taxes.63 

No  power  to  mortgage  without  special  statutory  authority. 

882.  The  trustees  of  a  state  normal  school   have  no 
power  to  mortgage  the  school  property  in  the  absence  of 
authority  by  special  statute.     The  act  of  the  22d  of  May, 
1901,  confers  such  power  only  for  the  purpose  of  refunding 
existing  bonded  indebtedness  at  a  lower  rate  of  interest.64 
Normal  schools  subject  to  mechanics'  liens. 

883.  -\  normal  school  incorporated  for  the  purpose  of 
training  teachers  for  the  public  schools,  and  receiving  rec- 
ognition and  aid  from  the  state  under  the  act  of  May  20, 
1857,  P.  L/.  581,  is  not  a  quasi  public  corporation,  and  its 
property  is  subject  to  mechanics'  liens.65 

Condemnation  of  real  estate.      Enlargement  of  school   grounds. 
Bond. 

884.  Whenever  the  board  of  trustees  of  any  state  nor- 
mal school  of  this  Commonwealth  deem  it  necessary  to  en- 
large the  area  of  the  real  estate  upon  which  the  buildings 
of  said  normal  school  are  erected,  to  meet  the  growing  de- 
mands of  said  institution,  including  a  campus,  and  cannot 
agree  with  the  owner  or  owners  of  the  land  they  wish  to 
acquire,  as  to  its  purchase  or  occupancy,  it  shall  be  lawful 
for  said  board  of  trustees,  on  behalf  of  said  normal  school 
district,  to  enter  upon  and  occupy  sufficient  ground  for  the 
purposes  aforesaid,  which  they  shall  mark  off,  not  exceeding 
two  acres,  and  to  use  and  occupy  the  same,  for  the  purposes 
for  which  they  desire  to  use  and  occupy  the  same  in  con- 
nection with  the  said  school ;  and  for  all  damages  done  for 
the  taking  of  the  same,  for  the  purposes  as  aforesaid,  the 


63.  Act  May  22,  1901,  Sec.  2,  P.  L.  290. 

64.  School  Boards,  n  D.  R.  134,  1902. 

65.  McLeod  vs.  Normal  School,  152  Pa.  575,  1893. 


STATE   NORMAL  SCHOOLS  413 

trustees  of  such  normal  school  district  shall  give  bond,  with 
security  approved  by  the  court  of  common  pleas  of  the 
county  in  which  such  lands  are  situated,  conditioned  for  the 
payment  of  such  damages  when  the  same  shall  be  agreed 
upon  by  the  parties  or  assessed  according  to  law,  which 
bond  shall  be  filed  in  said  court,  for  the  use  of  the  person 
interested.66 
Petition.  Appointment  of  viewers. 

885.  The  court  of  common  pleas  of  the  county  in  whick 
said  normal  school  is  located,  on  application  thereto  by  peti- 
tion, either  by  said  normal  school  district  by  its  president 
or  secretary,  they  being  instructed  by  their  board  so  to  do, 
or  by  the  owner  or  owners  of  said  lands,  in  behalf  of  all  to 
appoint  a  jury,  consisting  of  three  disinterested  citizens  of 
said  county  and   appoint  a  time,  not  less  than  thirty  days 
thereafter,  for  said  viewers  to  meet  upon  said  land,  of  which 
time  and  place  at  least  ten  days'  notice  shall  be  given  by 
petitioner  to  the  said  viewers  and  the  other  party.67 
Viewers  to  be  sworn. 

886.  The  said  viewers  or  any  two  of  them  having  first 
been  duly  sworn  or  affirmed   faithfully,  justly  and  impar- 
tially to  decide  and  a  true  report  to  make  concerning  all  mat- 
ters to  be  submitted  to  them  in  the  premises.68 

The  view.     Estimate  of  damages.     Report. 

887.  Having  viewed  the  ground,  they  shall  estimate 
and  determine  the  quantity  and  value  of  said  land  so  taken, 
to  be  used  for  the  purposes  aforesaid  ;  and  after  having  made 
a  just  and  fair  comparison  of  the  advantages  and  disadvan- 
tages, they  shall  estimate  and  determine  whether  any,  and, 
if  any,  what  amount  of  damages  has  been  or  may  be  sus- 
tained, and  to  whom  payable,  and  make  report  thereof  to 
said  court ;  and  if  damages  be  awarded,  and  the  report  be 
confirmed  by  the  said   court,  judgment  shall  be  entered 
therefor  ;  and  if  the  amount  thereof  be  not  paid   within 
thirty  days  after  the  entry  of  said  judgment,  execution  to 


66.  Act  July  10,  1901,  Sec,  i,  P.  L.  632. 

67.  Act  July  10,  1901,  Sec.  2,  P.  L.  632. 

68.  Act  July  10,  1901,  Sec.  2,  P.  L,.  632. 


414  COMMON   SCHOOL   LAW 

enforce  payment  shall   be  had  as  in  other  similar  cases  : 
Provided,  That  either  party  shall  have  the  right  to  have  re- 
viewers appointed  by  said  court.69 
Compensation  of  viewers. 

888.  Each  viewer  shall  receive  three  dollars  per  day  for 
each  day  necessarily  employed  in  said  view  or  review.70 
Appeal  from  report  of  viewers. 

889.  Each  party  shall  have  the  right  to  appeal  from 
the  report  of  said  viewers  or  reviewers  to  the  court  of  com- 
mon pleas,  within  thirty  days  after  the  filing  of  such  report, 
and  the  same  shall  be  tried  by  a  jury  as  in  similar  cases.7' 
Costs.     By  whom  paid. 

890.  The   cost  of  the  first  view  shall   be  paid  by  the 
party  condemning  the  property  ;  the  cost  of  the  review  or 
appeal  shall  be  paid  by  the  party  losing  the  controversy.72 
Eminent  domain.     Extension  of  corporate  privileges. 

891.  This  is  a  proceeding  under  the  act  of  July    10, 
1901,  P.  Lf.  632,  authorizing  the  condemnation  of  real  es- 
tate needed  for  the  use  of  state  normal  schools.     The  prayer 
of  the  petition  is  that  the  title  to  the  real  estate  within  the 
boundaries  set  forth  be  declared  to  be  in  the  petitioner  freed 
from  any  easement  or  right  of  way  over  the  premises  on  ac- 
count of  the  location  of  streets  and  alleys  thereon. 

In  1873  L-  W.  Morgan  laid  out  an  addition  to  the 
town  of  California  outside  of  the  borough  limits.  The  land 
included  in  the  plan  was  divided  into  thirty-six  lots  with 
streets  and  alleys  connected  therewith.  A  copy  of  the  plan 
of  lots  was  recorded  in  the  office  of  the  recorder  of  deeds  of 
the  county.  The  petitioner  purchased  a  block  of  twelve  of 
these  lots  prior  to  July,  1901.  The  other  lots  were  sold  to 
different  persons.  The  plan  of  lots  attached  to  the  petition 
shows  that  a  street  fifty  feet  wide  extends  from  the  Monon- 
gahela  River  through  the  middle  of  the  whole  block  of  lots 
and  connects  with  a  public  road.  The  Monongahela  River 


69.  Act  July  10,  1901,  Sec.  2,  P.  I/.  632. 

70.  Act  July  10,  1901,  Sec.  2,  P.  L.  632. 

71.  Act  July  10,  1901,  Sec.  2,  P.  t,.  632. 

72.  Act  July  10    1901,  Sec.  3,  P.  L>  632. 


STATE   NORMAL  SCHOOLS  415 

Consolidated  Coal  and  Coke  Company  owns  the  six  lots 
nearest  to  the  Monongahela  River  and  C.  W.  Yarnell  owns 
three  lots  near  the  middle  of  the  block,  all  of  which  lots 
front  on  the  street  referred  to.  The  coal  and  coke  company 
has  a  coal  tipple,  a  coal  siding,  several  houses  and  other  im- 
provements on  its  lots  adjoining  the  river  and  the  only  out- 
let it  has  to  any  public  road  is  over  this  street  Access  is 
also  had  to  the  Yarnell  lots  by  the  same  means.  The  town- 
ship authorities  never  formally  accepted  the  street,  but  it 
was  used  by  the  owners  of  the  lots  abutting  thereon  and  by 
the  public  as  a  highway  for  more  than  twenty-one  years 
prior  to  the  passage  of  the  act  of  1901.  The  petitioner  is 
the  owner  by  purchase  of  lots  Nos.  10  to  15  fronting  on  one 
side  and  Nos.  28  to  33  fronting  on  the  other  side  of  this 
street.  The  object  of  the  present  proceeding  is  to  close  that 
part  of  the  street  and  the  alleys  connected  therewith  on 
which  these  lots  front  in  order  that  the  petitioner  may  have 
exclusive  possession  of  the  street  to  be  used  in  connection 
with  the  grounds  occupied  as  a  campus. 

It  is  not  claimed  that  prior  to  the  act  of  1901  a  normal 
school  had  the  right  of  condemnation  now  set  up.  That  act 
provides  that  when  the  board  of  trustees  of  any  state  normal 
school  deems  it  necessary  "  to  enlarge  the  area  of  the  real 
estate  upon  which  the  buildings  of  such  normal  school  are 
erected  "  and  cannot  agree  with  "  the  owner  or  owners  of 
land  they  wish  to  acquire  as  to  its  purchase  or  occupancy," 
they  may  enter  upon  and  occupy  sufficient  ground  for  the 
purpose  *'  which  they  shall  mark  off  not  exceeding  two 
acres."  The  second  section  of  the  act  provides  for  the  ap- 
pointment of  viewers  who,  after  having  viewed  the  ground 
"shall  estimate  and  determine  the  quantity  and  value  of 
the  said  land  so  taken  to  be  used  for  the  purposes  afore- 
said." 

If  we  concede  that  the  act  is  a  valid  investiture  of  state 
normal  schools  with  power  to  condemn  real  estate,  without 
an  express  limitation  of  the  land  so  condemned  to  pub- 
lic use,  such  legislation  being  in  derogation  of  private 
rights  should  be  strictly  construed.  "  No  lax  construction 
of  the  grants  to  corporations  is  required  against  public  in- 


41 6  COMMON   SCHOOL   LAW 

terest  and  individual  rights:"  Cake  vs.  Philadelphia  and 
Erie  Railroad  Co.,  87  Pa.  307.  Acts  extending  corporate 
privileges  are  to  be  construed  most  strongly  against  the 
company  setting  them  up  and  whatever  is  not  unequivo- 
cally granted  must  be  taken  to  be  withheld  :  Pennsylvania 
Railroad  Company's  Appeal,  93  Pa.  150  ;  Groff's  Appeal, 
128  Pa.  621.  The  power  must  be  given  in  plain  words  or 
by  necessary  implication.  All  powers  not  given  in  this 
direct  and  unmistakable  manner  are  withheld  :  Com.  vs.  E. 
&  N.  E.  R.  R.  Co.-,  27  Pa.  351. 

Does  then  the  act  of  1901  authorize  the  proceeding  now 
sought  to  be  enforced  ?  An  inspection  of  the  statute  makes 
it  very  clear  that  in  legislative  contemplation  the  "ground" 
or  '*  land"  to  be  taken  was  other  than  the  land  of  the  peti- 
tioner, and  that  the  subject  of  condemnation  was  "ground" 
or  "  land."  A  method  was  thereby  established  for  securing 
a  limited  enlargement  of  the  "area  of  the  real  estate  upon 
which  the  buildings  of  the  said  normal  school  are  erected." 
A  bond  is  required  to  be  approved  by  the  court  of  common 
pleas  of  the  county  "in  which  such  lands  are  situated  ;"  and 
the  viewers  are  to  determine  "the  quantity  and  value  of  the 
said  land  so  taken." 

In  the  case  under  consideration  the  petitioner  is  already 
the  owner  of  the  land  upon  which  the  highway  is  located 
and  seeks  by  this  proceeding  not  to  condemn  the  land  of 
another  owner  but  a  public  right  of  way  over  its  own  land. 
That  a  right  of  way  may  be  appropriated  is  undoubtedly 
true,  but  our  attention  has  not  been  called  to  any  case  in 
which  a  right  of  way  has  been  taken  except  in  connection 
with  the  land  over  which  the  right  of  way  exists. 

We  agree,  therefore,  with  the  conclusion  of  the  learned 
judge  of  the  court  below  that  the  act  of  1901  does  not 
authorize  the  act  sought  to  be  accomplished  in  this  case. 

There  is  another  objection  to  the  proceeding,  however, 
which  we  regard  as  insuperable.  The  attempt  is  to  appro- 
priate a  public  street  without  any  apparent  necessity  so  to 
do.  It  was  held  in  Heckerman  vs.  Hummel,  19  Pa.  64, 
that  the  dedication  of  streets  and  alleys  in  laying  out  a  plan 
for  a  town  is  a  contract  with  the  public,  and  in  Quicksall 


STATE   NORMAL   SCHOOLS  417 

vs.  Philadelphia,  177  Pa.  301,  that  the  sale  of  lots  according 
to  a  plan  which  shows  them  to  be  on  a  street  implies  a  grant 
or  conveyance  to  the  purchaser  that  the  street  shall  be  for- 
ever open  to  the  public,  and  operates  as  a  dedication  of  it 
to  public  use.  The  right  to  the  purchaser  is  not  the  mere 
right  that  he  may  use  the  street,  but  that  all  persons  may 
use  it.  Where  one  conveys  lots  according  to  a  plan  which 
shows  them  to  be  on  streets,  he  must  be  held  to  have  stamped 
on  them  the  character  of  public  streets  :  In  re  Opening  of 
Pearl  Street,  1 1  r  Pa.  565.  The  same  doctrine  was  reasserted 
in  Woodward  vs.  Pittsburg,  194  Pa.  193. 

The  "  easement  "  which  the  petitioner  seeks  to  con- 
demn is  a  public  street,  made  so  not  only  by  the  dedication 
of  the  owner  of  the  land  who  established  the  plot  and  sold 
lots  in  accordance  therewith,  but  also  by  continuous  use  by 
the  public  for  more  than  twenty-one  years.  That  franchises 
are  subject  to  eminent  domain  has  been  determined  in 
numerous  cases,  but  it  is  as  certainly  declared  that  they 
cannot  be  taken  without  authority  clearly  expressed  or  by 
necessary  implication.  It  was  held  in  Pittsburg  Junction 
R.  R.  Co.'s  Appeal,  122  Pa.  511,  that  while  a  franchise  is 
property,  and  as  such  may  be  taken  by  a  corporation  having 
the  right  of  eminent  domain,  yet  in  favor  of  such  right  there 
can  be  no  implication  unless  it  arises  from  a  necessity  so 
absolute  that  without  it  the  grant  itself  would  be  termi- 
nated. It  must  also  be  a  necessity  that  arises  from  the  very 
nature  of  things  over  which  the  corporation  has  no  control. 
It  must  not  be  a  necessity  created  by  the  company  itself 
for  its  own  needs  or  for  the  sake  of  economy  To  the  same 
effect  is  Groff's  Appeal,  supra;  Cake  vs.  P.  &  E.  R.  R. 
Co.,  supra;  Stormfeltz  vs.  Manor  Turnpike  Co.,  13  Pa.  555. 

In  the  case  of  a  street  or  highway,  however,  something 
more  than  necessity  is  required  to  authorize  an  appropria- 
tion. A  public  street  is  a  public  franchise,  and  is  not  such 
property  as  a  corporation  may  take  for  its  own  use  under 
the  general  power  of  eminent  domain.  It  is  a  franchise 
which  cannot  be  violated  except  by  express  legislative 
authority  :  Pa.  R.  R.  Co.'s  Appeal,  supra.  No  direct  legis- 
lative grant  authorizes  the  appellant  to  appropriate  the 


418  COMMON   SCHOOL   LAW 

street,  nor,  if  the  subject  were  a  private  franchise,  has  any 
absolute  necessity  for  its  condemnation  been  disclosed.  We 
are  therefore  of  the  opinion  that  the  authority  asserted  does 
not  exist,  and  that  the  'conclusion  of  the  learned  judge  of 
the  court  was  correct.73 

Officers  of  institutions  receiving  state  aid  shall  not  sell  or  furnish 
supplies.     Misdemeanor.     Pine  and  penalty. 

892.  No  officer  or  member  of  the  board  of  managers  of 
an  institution,  at  a  time  when  said  institution  is  receiving 
state  moneys  from  legislative  appropriations,  to  furnish  sup- 
plies to  such  institution,  either  by  direct  sale  or  sale  through 
an  agent  or  firm,  or  to  act  as  an  agent  for  another  in  so  fur- 
nishing supplies.      Any  person  who  may  violate  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction   therefor  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  not  ex- 
ceeding one  year,  or  both    fine  and  imprisonment  at  the 
discretion  of  the  court.74 

Manager  or  trustee  of  an  institution  receiving  state  aid  forbidden 
to  sell  or  furnish  supplies  to  students. 

893.  Attorney  General  Carson  said  : — 

'*  I  have  considered  your  request  for  an  opinion  upon 
the  following  facts  : 

"  You  state  that  there  is  connected  with  the  state  nor- 
mal school  at  Millersville  a  store,  for  which  a  license  is  paid 
to  the  county.  In  this  store,  in  addition  to  books,  a  num- 
ber of  articles  are  kept  to  sell  to  students  and  others.  Among 
the  miscellaneous  articles  are  school  pins,  alumni  badges, 
and  literary  society  pins.  These  pins  and  badges  are  sold 
to  students  and  others  at  a  small  profit,  they  having  been 
purchased  from  a  jeweler  who  is  one  of  your  trustees. 

"  You  ask  whether  the  Act  of  April  23,  1903,  P.  L. 
285,  prohibits  him  from  selling  these  articles  to  the  stores 
in  the  future ;  and  you  state  that  it  occurs  to  you  that  gold 
and  silver  pins  cannot  properly  be  classed  as  school  sup- 
plies, and  you  are  anxious  to  make  no  mistake  in  the 
matter. 


73.  South  Western  State  Normal  School,  26  Pa.  Superior  Ct.  99,  1904. 

74.  Act  April  23,  1903,  P.  L.  285. 


STATE   NORMAL   SCHOOLS  419 

"I  appreciate  the  candor  and  spirit  of  yonr  inquiry, 
and  also  the  desire  of  the  manager  or  trustee  to  do  nothing 
which  the  law  forbids. 

"  The  relation  of  the  institution  to  the  store  is  not 
stated  with  precision,  but  I  take  it  that  the  institution 
maintains  and  conducts  the  store,  purchasing  the  articles 
dealt  in  and  selling  them  to  the  students.  I  do  not  perceive 
any  authority  for  this  ;  but  as  long  as  the  institution  con- 
ducts the  store,  I  am  satisfied  that  it  belongs  to  the  institu- 
tion, and  thetefore  constitutes  a  part  of  it.  It  cannot  be 
run  as  an  individual  enterprise.  As  long  as  it  exists,  it 
must  be  regarded  substantially  as  the  institution  itself. 
Hence,  the  sale  to  the  store  of  articles  dealt  in  must  be 
viewed  as  a  sale  to  the  institution  itself. 

"  The  first  section  of  the  Act  of  April  23,  1903,  declares 
that  '  It  shall  not  be  lawful  for  any  officer  or  member  of  the 
board  of  managers  of  an  institution,  at  a  time  when  said  in- 
stitution is  receiving  state  moneys  from  legislative  appro- 
priations, to  furnish  supplies  to  such  institution,  either  by 
direct  sale  or  sale  through  an  agent  or  firm,  or  to  act  as  an 
agent  for  another  in  so  furnishing  supplies.' 

"  The  violation  of  the  provisions  of  the  act  constitutes 
a  misdemeanor,  punishable  by  a  fine  or  imprisonment,  or 
both,  at  the  discretion  of  the  court. 

"This  is  a  penal  statute  and  must  be  construed 
strictly.  In  the  case  of  Trainer  vs.  Wolfe,  140  Pa.  279,  a 
question  arose  under  the  66th  section  of  the  Act  of  March 
31,  1860,  P.  L,  382,  by  which  members,  officers  and  agents 
of  any  corporation  or  public  institution  were  forbidden  to 
be  interested  '  in  any  contract  for  the  sale  or  furnishing  of 
any  supplies  or  materials  '  to  be  furnished  to  or  for  the 
use  of  such  corporation  or  institution.  It  was  held  that  as 
the  act  made  no  mention  of  the  purchase  of  real  estate  and 
was  a  highly  penal  statute,  it  could  not  be  extended  by  im- 
plication beyond  its  precise  meaning,  so  as  to  apply  to  the 
purchase  by  a  school  board  of  real  estate  in  which  one  of 
the  directors  was  interested. 

"Giving  the  act  under  consideration  the  strictest  con- 
struction, I  am  of  the  opinion  that  it  is  unlawful  for  the 


420  COMMON   SCHOOL   LAW 

I 

manager  or  trustee  to  sell  anything — whether  in  the  nature 
of  badges,  pins,  class  devices  or  otherwise — to  the  store. 
The  sale  is  to  the  institution.  The  resale  to  the  students 
does  not  change  the  character  of  the  original  act.  The  pur- 
pose of  the  law  was  to  forbid  a  manager  from  maintaining 
a  pecuniary  or  business  or  creditor  relation  to  the  institu- 
tion of  which  he  is  an  officer.  Whether  he  makes  a  profit 
or  not  is  not  the  question,  or  whether  the  institution  makes 
a  profit  or  not  is  not  the  question,  or  whether  the  conven- 
ience of  students  is  promoted  or  not  is  not  the  question,  nor 
is  it  even  a  question  whether  the  state,  directly  or  indirectly, 
gains  or  loses  or  is  unaffected  by  the  transaction.  The  act 
is  aimed  at  the  suppression  and  extinction  of  the  business 
relation  of  the  manager  to  the  institution. 

"  The  word  'supplies,'  while  generally  supposed  to  mean 
sustenance,  which  is  food,  fuel,  bedding  or  articles  of  daily 
necessity,  has  a  broader  meaning.  It  may  mean  the  act  of 
supplying  what  is  wanted  or  that  which  is  supplied  ;  means 
of  bringing  relief;  sufficient  for  use  or  need  ;  a  quantity  of 
something  supplied  or  on  hand  ;  a  stock  ;  a  store  :  Century 
Dictionary. 

"  If  it  be  convenient  to  furnish  class  pins  to  students, 
it  would  be  equally  so  to  furnish  bats,  balls,  tennis  rackets, 
golf  clubs,  hats,  caps,  trousers,  knee  caps,  shoes,  sneakers, 
sweaters,  boxing  gloves,  foils,  etc.,  until  the  list  of  articles 
dealt  in  comprised  almost  everything  sought  or  likely  to  be 
sought  by  students  of  varied  tastes  and  demands.  The  only 
safe  course  is  to  buy  nothing  from  a  manager,  or  to  close 
the  store  and  thus  compel  the  students  to  do  their  own  pur- 
chasing direct."  75 
State  may  purchase  real  estate  of  normal  school  in  certain  cases. 

894.  In  case  the  real  estate  of  any  state  normal  school, 
upon  which  the  state  has  a  lien  or  liens  by  mortgage,  shall 
be  exposed  to  sale  by  judicial  process,  it  shall  be  lawful  for 
the  governor,  superintendent  of  public  instruction  and  at- 
torney general,  or  a  majority  of  them,  if  in  their  opinion  the 
interests  of  the  state  will  thereby  be  promoted,  to  cause  a 
bid  or  bids  to  be  made  on  behalf  of  the  state  at  any  such 

75.     Public  Institutions,  13  D.  R.  341,  1903. 


STATE   NORMAL  SCHOOLS  421 

sale  For  such  sum  or  sums  of  money  as  may  in  their  judg- 
ment be  necessary  to  secure  and  protect  the  interests  of  the 
Commonwealth,  the  title,  in  case  the  property  shall  be 
struck  down  at  their  bid,  to  be  taken  in  the  name  of  the 
Commonwealth  :  Provided,  That  in  no  case  shall  such  bid 
or  bids  exceed  the  amount  of  said  lien  or  liens,  together  with 
prior  liens,  if  any  such  exist.76 

Return  of  sale  made  to  auditor  general. 

895.  In  case  any  real  estate  shall  at  any  such  sale  be 
struck  down  on  the  bid  of  the  officers  aforesaid,  they  shall 
make  return  of  their  action  in  the  premises  to  the  auditor 
general,  who,  upon  passing  the  account,  shall  give  a  certifi- 
cate of  the  fact  and  amount  payable  out  of  any  appropria- 
tion made  or  to  be  made  for  that  purpose.77 

Appropriation  to  pay  purchase  money. 

896.  There  shall  be  and  hereby  is  appropriated,  to  be 
paid  out  of  any  moneys  in  the  treasury  not  otherwise  ap- 
propriated, such  sum  or  sums  as  may  be  required  to  meet 
the  bids  of  said  officers,  upon  the  amount  being  returned  to 
and  passed  by  the  auditor  general  as  aforesaid.78 

Insurance  money  to  be  held  in  trust. 

897.  All  moneys  received  or  that  may  hereafter  be  re- 
ceived by  the  Commonwealth  from  any  insurance  policy  or 
policies  upon  buildings  belonging  to  any  of  the  state  nor- 
mal schools,  shall  be  held  by  the  state  treasurer  in  trust  for 
the  repairing  and  rebuilding  of  the  part  covered  by  such  in- 
surance policy  or  policies,  under  direction  of  the  trustees  of 
such  normal  school.79 

Insurance  money  to  be  used  for  repairing  and  rebuilding. 

898.  When  the  trustees  of  any  normal  school,  whose 
buildings,  insured  for  the  use  of  the  state,  have  been  injured 
or  destroyed  by  fire,  shall  have  repaired  or  rebuilt  the  part 


76.  Act  June  4,  1879,  Sec.  i,  P.  L.  89. 

77.  Act  June  4,  1879,  Sec.  2,  P.  L.  89. 

78.  Act  June  4,  1879,  Sec.  3,  P.  L.  89. 

79.  Act  June  3,  1885,  Sec.  i,  P.  L.  71. 


422  COMMON   SCHOOL   LAW 

covered  by  such  insurance  policy  or  policies,  and  shall  sat- 
isfy the  board  of  public  instruction  consisting  of  the  gov- 
ernor, attorney  general  and  superintendent  of  public  in- 
struction, that  the  amount  of  insurance  money  received  by 
the  state  has  been  expended  on  such  repair  or  rebuilding, 
the  superintendent  of  public  instruction  shall  draw  his  war- 
rant in  favor  of  said  normal  school  for  the  amount  of  such 
insurance  money  or  for  such  part  thereof  as  the  said  board 
of  public  instruction  shall  be  satisfied  has  been  expended  on 
such  repair  or  rebuilding,  and  the  state  treasurer  is  author- 
ized and  required  to  pay  said  warrant  out  of  the  insurance 
money  thus  received.80 


80.     Act  June  3,  1885,  Sec.  2,  P.  L.  71. 


CHAPTER  XXXVI. 

SCHOOL   FOR   CORNPLANTER   INDIANS. 

PAGE. 

899.  Preambles 423 

900.  Appropriation  for  schools  among  Cornplanter  Indians 423 

901.  Provision  for  the  erection,  furnishing  and  equipment  of  school 

house  on  Cornplanter  Indian  lands.     Preambles 424 

902.  Commission  to  be  appointed  by  governor 424 

903.  Plans  for  the  erection  of  a  school  building 425 

904.  Contract 425 

Preambles. 

899.  Whereas,  The  general  assembly  by  enactments  of 
eighteenth  of  April,  one  thousand  eight  hundred  and  fifty- 
six,  '  and  its  supplements  of  tenth  of  February,  one  thousand 
eight  hundred  and  seventy-two,2  and  twelfth  of  April,  one 
thousand  eight  hundred  and  seventy-eight,3  and  the  seventh 
day  of  July,  one  thousand  eight  hundred  and  eighty-five,  4 
and  the  third  day  of  July,  one  thousand  eight  hundred  and 
ninety-five,5  and  supplement  thereto  on  the  twenty-second 
day  of  July,  one  thousand  eight  hundred  and  ninety-seven,  6 
has  established  schools  and  made  appropriation  for  the  en- 
couragement of  education  among  the  Cornplanter  Indians, 
of  Warren  county  ; 

And  whereas,  The  appropriation  provided  for  expires 
on  the  first  Monday  of  June,  one  thousand  nine  hundred  and 
five,  and  it  is  deemed  wise  to  extend  further  aid  on  the  part 
of  this  Commonwealth  for  the  maintenance  of  said  schools 
and  the  encouragement  of  education  among  said  Cornplanter 
Indians ;  therefore, 
Appropriation  for  schools  among  Cornplanter  Indians. 

900.  That  the  annual  sum  of  five  hundred  dollars  be 
and  the  same  is  hereby  appropriated,  out  of  any  money  in 
the  treasury  not  otherwise  appropriated,  to  be  paid  to  the 
county  superintendent  of  schools  of  Warren  county,  on  war- 


Note  —  i. 

2. 

3- 
4- 
5- 
6. 

P.  L.  410. 

P.   Iv.  100. 

P.  L.    17. 
P.  L.  263. 
P.  L.  544- 
P.  L.  402. 

424  COMMON   SCHOOL   LAW 

rant  drawn  on  the  state  treasurer  by  the  state  superintend- 
ent of  public  instruction ;  which  money  shall  be  disbursed 
by  the  said  superintendent  of  Warren  county,  in  such  man- 
ner as  shall  best  promote  the  cause  of  education  among  the 
Corn  planter  Indians :  Provided,  That  this  act  shall  only 
continue  in  force  for  the  period  of  ten  years,  and  shall  termi- 
nate on  the  first  Monday  of  June,  one  thousand  nine  hun- 
dred and  fifteen.7 

Provision  for  the  erection,  furnishing  and  equipment  of    school 
house  on  Cornplanter  Indian  lands.     Preambles. 

901.  Whereas,  In  the  year  one  thousand  seven  hun- 
dred  and   ninety-six   the  Commonwealth  of  Pennsylvania 
made  a  grant  of  land,  located  on  the  west  side  of  the  Alle- 
gheny river,  in  what  is  now  Warren  county,  to  the  Indian 
Chief  Cornplanter,  of  the  Seneca  tribe,  this  grant  being  made 
to  said  Cornplanter  and  his  descendants  to  provide  them 
with  a  home,  and  in  consideration  of  the  friendship  to  and 
great  services  of  the  said  Cornplanter  to  the  white  settlers 
of  Western  Pennsylvania ; 

•  And  whereas,  Since  the  year  one  thousand  eight  hun- 
dred and  fifty-six,  the  Commonwealth  of  Pennsylvania  has 
maintained  a  school  upon  said  land  for  the  children  of  the 
descendants  of  said  Cornplanter,  this  school  now  containing 
about  thirty  children  of  these  descendants  ; 

And  whereas,  The  school  house,  built  many  years  ago, 
has  become  dilapidated  and  unfit  for  use ; 

And  whereas,  There  is  no  suitable  place  within  a  dis- 
tance of  three  or  four  miles  for  a  teacher  to  board,  making 
it  desirable  if  a  new  school  building  is  erected  that  it  con- 
tain living  apartments  for  the  teacher  : — 
Commission  to  be  appointed  by  governor. 

902.  That  a  commission  shall  be  appointed,  consisting 
of  three  persons,  residents  of  Warren  county,  Pennsylvania, 
who  shall  serve  without  compensation,  but  shall  be  allowed 
necessary  expenses,  and  who  shall  be  appointed  by  the  gov- 
ernor.8 


7.  Act  April  10,  1905,  P.  L,.  124. 

8.  Act  April  13,  1903,  Sec.  i,  P.  L,.  169. 


SCHOOL   FOR   CORNPLANTER   INDIANS  425 

Plans. 

903.  Said  commissioners  shall  prepare  plans  for  the 
erection  of  a  suitable  school  building,  of  either  wood  or 
brick  as  they  shall  decide,  containing  at  least  one  suitable 
school  room,  and  at  least  three  apartment  rooms  for  the  use 
of  a  teacher,  on  the  school  house  lot  of  the  Cornplanter 
Indian  lands,  and  such  articles  of  furniture  and  equipment 
as  they  deem  necessary ;  and  after  said  plans  have  been  ap- 
proved by  the  superintendent  of  public  instruction,  said 
commissioners  shall  advertise  for  two  weeks  in  two  news- 
papers in  the  county  of  Warren,  for  proposals  for  the  erec- 
tion, furniture  and  equipment  of  said  school  house,  and  shall 
let  the  erection  and  the  furnishing  and  equipment  to  the 
lowest  responsible  bidder  or  bidders.9 

Contract. 

904.  For  the  erection,  furnishing  and  equipment  of 
this  building,  the  cost  shall  not  exceed  three  thousand  dol- 
lars ;  and  the  sum  of  three  thousand  dollars,  or  so  much 
thereof  as  is  necessary,  is  hereby  specifically  appropriated 
therefor  ;  one-half  of  said  appropriation  to  become  available 
when  the  said  commissioners  shall  file  with  the  auditor  gen- 
eral a  copy  of  the  plans  for  the  building,  furniture  and 
equipment,  approved  by  the  superintendent   of  public  in- 
struction, together  with  contracts,  in  writing,  in  satisfactory 
form,  executed  by  responsible  contractors,  with  good  and 
sufficient  sureties  for  the  entire  erection,   furnishing  and 
equipment  of  said  building  ;  and  the  final  payment  of  this 
appropriation  shall  be  made  upon  the  affidavits  of  at  least 
two  of  said  commissioners  that  the  work  has  been  completed, 
and  the  furniture  and  equipment  installed,  in  full  compli- 
ance with  the  plans  on  file  with  the  auditor  general.10 


9.     Act  April  13,  1903,  Sec.  2,  P.  L,.  169. 
10.     Act  April  13,  1903,  Sec.  3,  P.  L,.  169. 


CHAPTER  XXXVII. 

MISCELLANEOUS. 

PAGB. 

905.  Appointment  of  trustee  of  property  conveyed  by  academy  to 

common  school  district 426 

906.  Duties  of  trustee 427 

907.  Bond  of  trustee 427 

908.  Account 428 

909.  Removal  of  trustee 428 

910.  Independent  school  districts 428 

911.  Independent  school  districts  abolished 428 

912.  When  act  to  take  effect.     Proceedings  to  continue  independ- 

ent school  districts 429 

913.  How  rights  of  property  are  to  be  determined.     Notice 429 

914.  Notice 429 

915.  Report  of  commissioners 430 

916.  In  reporting  a  new  district,  the  commissioners  should  annex 

a  draft 43° 

917.  Duties  of  assessors 431 

918.  Election  of  school  directors  in  independent  districts 431 

919.  How  independent  school  districts  maybe  formed 432 

920.  Proceedings   upon   erection   of   new  independent  school  dis- 

tricts   432 

921.  Duties  of  county  commissioners 433 

922.  Construction  of  Act  May  8,  1855,  P.  L.  509.     Court  may  vacate 

decree  erecting  independent  school  district 434 

923.  When  certain  independent  school  districts  created  by  courts 

of  common  pleas  may  be  abolished 434 

924.  When  other  independent  school  districts   may  be  abolished. 

Disposition  of  property 435 

925.  Elections  in  independent  school  districts  regulated 435 

926.  Abolition  of  independent  school  districts  created  by  the  courts 

of  quarter  sessions 436 

927.  Reversion  of  property 436 

928.  Application  of  Act  of  April  22,  1903,  P.  i,.  237 437 

929.  Repeal 437 

930.  Against  formation  of  independent  school  districts 437 

931.  lyiquor  license  money  payable  to  school  districts 437 

932.  Penalties  recovered  for  trespass  upon  private  property  to  be 

paid  to  the  school  fund 438 

933.  Fine  and  penalty 438 

934.  Penalties  payable  to  the  school  fund 438 

Appointment  of  trustee  of  property  conveyed  by  academy  to  com- 
mon school  district. 

905.  In  all  cases  where  the  trustees  of  any  academy  or 
seminary  in  this  Commonwealth,  which  received  money  or 
land  therefrom  for  educational  purposes,  have  conveyed  the 
real  estate,  buildings  and  property,  and  funds  of,  or  belong- 


MISCELLANEOUS  427 

ing  thereto,  to  the  board  of  directors,  and  their  successors 
in  office,  of  the  common  schools  of  the  district  in  which  the 
main  building  thereof  was  situated,  in  pursuance  of  the 
authority  contained  in  section  sixteen  of  the  act  of  April 
eleven,  one  thousand  eight  hundred  and  sixty-two,  and  when 
the  amount  or  value  of  such  estate,  real  or  personal,  still 
remaining  unused  and  unexpended  by  the  said  school  dis- 
trict, exceeds  ten  thousand  dollars  ($10,000),  it  shall  be  the 
duty  of  the  court  of  common  pleas  of  the  proper  county, 
upon  the  petition  of  the  majority  of  the  board  of  school 
directors  of  said  school  district,  presented  for  that  purpose, 
to  appoint  a  suitable  person  as  trustee  of  said  estate  thus 
transferred  and  still  remaining  unexpended,  who  shall  re- 
ceive the  same.1 

Duties  of  trustee. 

906.  It  shall  be  the  duty  of  said  trustee  so  appointed 
to  collect  the  money  due  upon  the  securities  and  convert 
the  stock  into  money,  if  deemed  for  the  best  interest  of  the 
district,  and  invest  and  keep  invested,  from  time  to  time, 
all  moneys  received  or  collected  at  interest    in  bonds  or 
mortgages  upon  real  estate,  or  in  the  interest-bearing  debt 
of  the  state  or  of  the  United  States,  as  may  be  approved  by 
said  court,  and  pay  over  the  interest  or  income  thereof  reg- 
ularly to  the  treasurer  of  said  school  district  for  the  purposes 
aforesaid,  first  deducting  therefrom  all  reasonable  expenses 
attending  the  execution  of  the  trust,  including  a  compensa- 
tion to  said  trustee  not  exceeding  four  per  cent  upon  the 
income  received.2 

Bond  of  trustee. 

907.  Before  the  said  trustee  or  his  successors  in  the 
trust  shall  receive  any  part  of  said  money,  securities  or 
stocks,  he  shall  give  bond  to  said  district  in  such  sums  and 
with  such  sureties  as  shall  be  approved  by  said  court,  con- 
ditioned for  the  faithful  performance  of  all  duties  pertaining 
to  said  trust  and  paying  and  delivering  over  to  his  successor 


1.  Act  June  10,  1881,  Sec.  i,  P.  L.  119. 

2.  Act  June  10,  1881,  Sec.  i,  P.  L.  119. 


428  COMMON   SCHOOL   LAW 

therein  or  other  party  legally  entitled  to  receive  the  same 
all  moneys  and  securities  received  and  held  by  him  as  trus- 
tee.3 
Account. 

908.  The  trustee  shall,  on  the  first  day  of  the  first  term 
of  each  year,  exhibit  to  said  court  a  full,  true  and  correct 
account  in  writing,  under  oath,  of  his  management  of  said 
trust  fund,  how  and  in  what  securities  the  same  is  invested, 
and  the  rates  of  interest  received  thereon,  which  account, 
when  examined  and  approved  by  the  said  court,  shall  be 
filed  with  the  records  thereof.4 

Removal  of  trustee. 

909.  The  court  shall  also  have  the  power,  at  any  time 
upon  sufficient  cause  shown,  to  remove  said  trustee  or  re- 
quire of  him  additional  sureties  for  the  performance  of  his 
trust,  and  shall,  whenever  and  as  often  as  a  vacancy  occurs 
by  reason  of  such  removal,  or  the  death  or  resignation  of 
said  trustee,  appoint  a  suitable  person  as  his  successor ;  and 
said  trustee  shall  in  all  respects  be  subject  to  the  control  and 
jurisdiction  of  said  court,  in  like  manner  as  other  trustees 
under  existing  laws.5 

Independent  school  districts. 

910.  That  all  former  acts,  and  parts  of  acts,  relative  to 
the  common  school  system  which  are  supplied  by  or  are  in- 
consistent with  the  provisions  of  this  act,  and  all  laws  re- 
lating to  or  creating  independent  districts,  or  authorizing 
the  establishment  of  sub-districts,  and  the  appointment  of 
committees,  are  hereby  repealed.6 

Independent  school  districts  abolished. 

911.  Be  it  enacted  by  the  senate  and  house  of  repre- 
sentatives of  the  Commonwealth  of  Pennsylvania  in  gen- 
eral assembly  met,  and  it  is  hereby  enacted  by  the  authority 


3.  Act  June  10,  1881,  Sec.  2,  P.  L,.  119. 

4.  Act  June  10,  1881,  Sec.  2,  P.  L.  119. 

5.  Act  June  10,  1881,  Sec.  2,  P.  L.  119. 

6.  Act  May  8,  1854,  Sec.  52,  P.  L.  617.     This  section  extinguished  all 

sub-districts  that  had  been  formed  before  its  passage.     Conley  vs. 
Directors  West  Deer  Twp.,  32  Pa.  194,  1858. 


MISCELLANEOUS  429 

of  the  same,  That  so  much  of  the  act 6^  to  which  this  is  a 
supplement,  as  abolishes  independent  districts  at  present  es- 
tablished under  special  acts  of  assembly,  shall  not  take  ef- 
fect until  the  first  day  of  June,  one  thousand  eight  hundred 
and  fifty-six.7 

When  act  to  take  effect.    Proceedings  to  continue  independent 
school  districts. 

912.  That  the  continuance  of  independent  districts  be- 
yond the  period  named  in  the  foregoing  section,  may  be  al- 
lowed, when  on  the  application  of  the  directors  of  any  such 
district  to  the  judges  of  the  court  of  common  pleas  of  the 
county  in  which  any  portion  of  said  district  may  be  located, 
setting  forth  the  necessity  for  its  continuance,   the  said 
judges  may,  after  careful  consideration,  decree  the  same.8 
How  rights  of  property  are  to  be  determined.     Notice. 

913.  In  all  cases  where  the  said  court  shall  refuse  to 
allow  a  further  continuance  of  any  such  district,  they  shall 
be  authorized  and  required,  also,  to  determine  the  rights  oi 
property  vested  in  the  several  school  boards  in  any  such 
district,  and  make  proper  disposition  of  the  same  :    Pro- 
vided, That  the  board  of  school  directors  of  the  townships 
out  of  which  any  such  applying  independent  school  district 
may  be  formed,  shall  have  received  ten  days'  notice  of  the 
proposed  application,  and  of  the  time  and  place  of  hearing.9 
Notice. 

914.  That  act  does  not  indeed  require,  in  express  terms, 
that  the  commissioners  shall  give  notice  of  the  time  and 
place,  when  and  where  they  will  proceed  to  inquire  into  the 
expediency  of  establishing  the  new  municipal  division.     But 
the  public  interests,  as  well  as  justice  to  individuals,  so  ob- 
viously require  that  such  notice  should  be  given,  that  it  has 
always  been  held  that  the  wrant  of  it  is  fatal  to  the  proceed- 
ings :  Bethel  Township,  i   Pa.  97  ;  Norwegian  Township, 
20  Pa.  324.     It  is  quite  as  necessary  that  this  should  appear 


6^.  Act  May  8,  1854,  Sec.  52,  P.  L.  617. 

7.  Act  May  8,  1855,  Sec.  i,  P.  L.  509. 

8.  Act  May  8,  1855,  Sec.  2,  P.  L.  509. 

9.  Act  May  8,  1855,  Sec.  2,  P.  L.  509. 


430  COMMON   SCHOOL  LAW 

affirmatively,  as  that  it  should  appear  that  a  party  has  had 

his  day  in  court.     Every  division  of  a  township  or  school 

district  may  affect  seriously  the  interests  of  the  inhabitants, 

and  they  have,  therefore,  a  natural  right  to  be  heard  in  the 

matter.10 

Report  of  commissioners. 

915.  The  requisites  of  a  proceeding  to  form  an  inde- 
pendent school  district  are,  in  most  respects,  the  same  with 
those  necessary  to  erect  a  new  township.     The  commis- 
sioners are  not  indeed  confined  to  the  consideration  of  the 
precise  geographical  division  for  which  the  petitioners  ask, 
and  perhaps  it  is  not  indispensable,  as  it  is  in  a  proceeding 
to  erect  a  new  township,  that  the  order  should  contain  an 
express  and  explicit  direction  to  inquire  into  the  propriety 
of  granting  the  prayer  of  the  petition,  for  it  is  not  distinctly 
required  by  the  act  of  assembly.     And  besides,  such  an  in- 
quiry is  of  no  consequence  ;  for,  as  has  been  said,  they  may 
set  off  a  new  district,  according  to  different  bounds  from 
those  proposed  in  the  petition,  and  they  are  to  report  their 
opinion  on  the  expediency  of  a  district  with  the  limits 
which  they  select.     But  in  all  other  respects  the  law  requires 
that  the  proceedings  upon  the  petition,  commission  and  re- 
port, and  the  final  disposition  thereof,  shall  be  according  to 
the  act  of  assembly  relative  to  the  erection  of  new  town- 
ships.11 

In  reporting  a  new  district,  the  commissioners  should  annex   a 
draft. 

916.  It  is  incumbent  upon  the  commissioners  to  annex 
a  draft  to  their  report,  exhibiting  both  the  lines  of  the  inde- 
pendent districts  from  which  it  is  taken,  in  order  to  display 
the  relation  which  the  new  district  sustains  to  the  old.    The 
5th  section  of  the  act  of  8th  of  May,  1855,  does  not  stop 
with  the  provision  that  the  commissioners  shall  report  the 
lines  adopted  for  the  new  district,  but  adds  that  "  the  pro- 
ceedings upon  which  petition,  commission  and  report,  and 
the  final  disposition  thereof,  shall,  in  all  other  respects,  be 


10.  Independent  School  Dist.  in  Sewickley  Township,  33  Pa.  297, 1858. 
Clearfield  Independent  School  District,  79  Pa.  419,  1875. 

11.  Independent  School  Dist.  in  Sewickley  Township,  33  Pa.  297,  1858. 


MISCELLANEOUS  43 1 

according  to  the  act  of  assembly,  now  in  force,  relative  to 
the  erection  of  new  townships."  That  act,  to  wit,  of  i5th 
April,  1834,  Sec.  14,  requires  the  commissioners  "  to  make 
a  plot  or  drafts  of  the  townships  proposed  to  be  divided,  and 
the  division  line  proposed  to  be  made  therein,  or  of  the 
township  proposed  to  be  laid  off."  The  same  duty  lies, 
therefore,  upon  the  commissioners  to  lay  off  an  independent 
school  district. 

In  the  case  of  Independent  District  in  Sewickley 
Township,  33  Pa.  297,  the  fourth  exception  was  in  these 
words  :  "  There  was  no  draft  returned  by  the  commission- 
ers of  the  lines  of  the  new  district,  nor  of  the  lines  of  the 
township  from  which  it  was  created."  Justice  Strong 
quotes  the  language  of  this  exception,  and  says,  "  This  is 
a  fatal  defect."  That  these  views  are  justified  by  the  legis- 
lative intent  we  are  authorized  to  believe,  by  the  interpreta- 
tion of  the  Act  of  1855,  summed  up  in  the  ist  section  of 
the  Act  of  20th  of  May,  1857.*  I2 
Duties  of  assessors. 

917.  That  the  assessors  in  each  and  every  township, 
where  any  portion  of  said  township  may  be  included  within 
the  limits  of  an  independent  school  district,  shall  write  on 
their  duplicates,  opposite  to  the  names  of  the  persons  re- 
siding within  said  independent  district,  the  letters  I.  D.,  for 
the  information  of  the  collector  of  said  tax  and  the  county 
commissioners.13 

Election  of  school  directors  in  independent  districts. 

918.  That  in  all  cases  in  which  school  directors  of  in- 
dependent districts  have  not  been  chosen  at  the   recent 
spring  elections,  or  on  the  day  specially  fixed  by  law,  it 
shall  be  lawful  for  the  qualified  voters  of  any  such  district, 
to  meet  at  their  usual  place  of  holding  similar  elections,  ten 
days'  notice  thereof  having  been  given  by  the  late  president 
of  the  proper  board,  and  shall  elect  two  persons  to  serve  as 
school  directors  for  the  ensuing  year  ;  and  the  remaining 


*.     P.  L,.  587,  Infra  922. 

12.  Wilkins  Township  School  District,  70  Ta.  108,  1871. 

13.  Act  May  8,  1855,  Sec.  3,  P.  L.  509- 


432  COMMON   SCHOOL   LAW 

members  and  officers  of  the  board  who  would  have  continued 
in  office  under  the  provisions  of  the  supplement  to  the  school 
law  of  May  eighth,  one  thousand  eight  hundred  and  fifty- 
four,  be  and  they  are  hereby  continued  in  office  until  the 
expiration  of  the  terms  for  which  they  were  originally 
elected  ;  the  said  elections  shall  be  held  and  conducted  in 
the  same  manner  and  by  the  same  persons  heretofore  au- 
thorized by  law.14 
How  independent  school  districts  may  be  formed. 

919.  That  upon  petition  of  not  less  than  twenty  taxable 
inhabitants  of  any  township  or  townships,  desiringthe  forma- 
tion of  the  territory  upon  which  they  reside,  into  a  separate 
and  independent  common  school  district,  and  setting  forth  the 
bounds  of  such  proposed  district,145*  the  court  of  quarter 
sessions  of  the  proper  county  shall  appoint  commissioners 
to  view  the  premises  and  report  to  the  court  at  its  next 
term,  the  lines  of  the  proposed  new  district,  either  accord- 
ing to  the  bounds  set  forth  in  the  petition,  or  to  such  other 
bounds  as  they  shall  think  more  advisable,  together  with 
their  opinion  on  the  expediency  of  establishing  or  not  estab- 
lishing the  same,  the  proceedings  upon    which  petition, 
commission  and  report,  and  the  final   disposition  thereoi 
shall,  in  all  other  respects,  be  according  to  the  act  of  assem- 
bly now  in  force,  relative  to  the  erection  of  new  townships : 
Provided,  That  if  said  proceedings  result  in  the  establish- 
ment of  a  new  common  school  district,  the  cost  of  the  com- 
mission and  the  office  fees  shall  be  paid  by  the  said  new 
district,  but  if  otherwise,  said  costs  and  fees  shall  be  paid  by 
the  petitioners  themselves.15 

Proceedings  upon  erection  of  new  independent  school  districts. 

920.  That    whenever  a  new  district  shall  be  erected 
according    to    the    provisions    of    this    act,    it   shall   be- 
come, to  all  intents  and  purposes  of  the  common  school 
system  of  the  state,  a  separate  and  independent  district,  sub- 
ject, however,  to  the  provisions  of  the  third  and  fourth  sec- 


14.  Act  May  8,  1855,  Sec.  4;  P.  L.  509. 

14^.  Notice  must  be  given  as  in  section  two,  supra  913,  914. 

15.  Act  May  8,  1855,  Sec.  5,  P.  L.  509- 


MISCELLANEOUS  433 

tions  of  the  act  to  which  this  is  a  supplement  ;  and  the 
proper  court  of  quarter  sessions  shall  moreover  determine, 
on  hearing,  whether  an  undue  proportion  of  the  real  estate 
and  school  houses  belonging  to  the  old  district  or  districts 
are  within  the  bounds  of  the  new  district,  and  if  so,  how 
much  money  shall  be  paid  therefor  by  the  new  to  the  old 
district  or  districts,  and  in  what  proportions  and  at  what 
time  ;  and  vice  versa,  if  less  than  its  due  share  of  real  estate 
or  school  houses  is  within  said  new  district,  how  much  shall 
be  paid  to  it  by  the  old  district  or  districts,  and  in  what 
proportions  and  at  what  times  ;  the  order  for  the  payment 
of  which  several  sums  shall,  from  the  date  thereof,  be  in  the 
nature  of  a  judgment,  and  the  amount  recoverable  accord- 
ing to  the  provisions  of  the  twenty-first  section  of  the  act l6 
to  which  this  is  a  supplement.17 

Duties  of  county  commissioners. 

921.  That  at  the  next  annual  assessment  after  the  erec- 
tion of  any  such  new  common  school  district,  it  shall  be 
the  duty  of  the  county  commissioners  of  the  proper  county 
to  cause  a  separate  assessment  of  the  subjects  and  things  li- 
able to  school  tax  in  each  portion  of  the  new  district  lying 
within  his  proper  township  to  be  made  out  by  the  proper  as- 
sessor thereof,  and  to  be  returned  to  them,  wherefrom,  after 
adjustment,  they  shall  cause  to  be  made  a  correct  copy  of  the 
assessment  thus  obtained,  in  every  portion  of  the  new  dis- 
trict, and  shall  furnish  the  same  to  the  secretary  thereof,  in 
accordance  with  the  29th  section  of  the  act  to  which  this  is 
a  supplement  ;'8  and  they  shall,  in  like  manner  and  at  the 
same  time,  cause  to  be  made  out  and  furnished  to  the  state 
superintendent  of  common  schools,  a  full  list  of  all  the 
taxable  inhabitants  of  said  new  district,  according  to  the 
provisions  of  the  49th  section  of  the  act  to  which  this  is  a 
supplement ; I9  and  they  shall  pay  out  of  the  county  funds  to 


16.  Act  May  8,  1854,  Sec.  21,  P.  L.  617,  supra  65. 

17.  Act  May  8,  185^,  Sec.  6,  P.  L>  509. 

18.  Act  May  8,  1854,  Sec.  29,  P.  L.  617,  Supra  TAXATION  400,  401,  402. 

19.  Act  May  8,  1854,  Sec.  49,  P.  L,.  617,  supra  CHANGES  IN  SCHOOL 

DISTRICTS  41,  STATE  APPROPRIATION  750. 


434  COMMON  SCHOOL  LAW 

said  assessors,  the  usual  compensation  for  the  services  en- 
joined by  this  section.20 

Construction  of  Act  May  8,  1855,  P.  L.  509.    Court   may  vacate 
decree  erecting  independent  school  district. 

922.  The  true  intent  and  meaning  of  the  provisions  of 
the  supplement  to  the  general  school  law,  approved  the 
eighth  day  of  May,  Anno  Domini  one  thousand  eight  hun- 
dred and  fifty -five  [P.  L.  509],  for  the  creation  of  independ- 
ent school  districts,  was  and  is  to  provide  in  a  guarded  man- 
ner for  exceptions  to  the  general  rule,  and  to  protect  and 
promote  the  educational  welfare  of  occasional  localities  that, 
from  natural  or  other  adequate  obstacles,  could  not  be  prop- 
erly provided  for  under  the  organization  of  township  dis- 
tricts ;  and  further,  it  was  not  the  intention  to  cut  up  town- 
ships   into   single   school    districts,  nor  to  carve   out   the 
wealthier  from  the  poorer  portions  of  a  township  or  town- 
ships, to  the  prejudice  of  the  rights  and  interests  of  the  lat- 
ter :  And  it  is  further  enacted,  That  when  an  independent 
district  has  been  created  in  violation  of  these  principles,  the 
court  of  quarter  sessions  of  the  proper  county  is  hereby  au- 
thorized and  required,  upon  application  of  not  less  than 
twenty  citizens  of  the  township  or  borough  affected  thereby, 
to  open  the  decree  of  the  court  by  which  it  was  created,  and 
after  re-examination  upon  the  merits,  confirm  or  annul  such 
districts,  as  the  evidence  may  require ;  and  hereafter  no  in- 
dependent district  shall  be  created  in  any  case  without  the 
unanimous  concurrence  of  the  court.21 

When  certain  independent  school  districts  created  by  courts  of  com- 
mon pleas  may  be  abolished. 

923.  That  in  all  cases  where  an  independent  school  dis- 
trict has  been  created  or  continued  by  any  of  the  courts  of 
common  pleas  of  this  Commonwealth,  it'shall  be  lawful  for 
said  courts,  upon  the  application  of  one-third  of  the  taxable 
citizens  of  any  school  district,  out  of  which  any  independ- 
ent district  may  be  erected,  by  petition,  setting  forth  that 
they  desire  the  abolition  of  any  district,  to  hear  and  deter- 
mine the  application  upon  its  merits,  and  if  deemed  ex- 

20.  Act  May  8,  1855,  Sec.  7,  P.  L.  509. 

21.  Act  May  20,  1857,  Sec.  i,  P.  L.  587. 


MISCELLANEOUS  435 

pedient,  the  said  court  shall  discontinue  the  said  district  or 
continue  the  same  for  any  period  not  exceeding  five  years 
at  any  one  time  :  Provided,  If  any  district  shall  be  discon- 
tinued, the  school  property  of  said  district  shall  be  disposed 
of  as  is  required  by  the  existing  laws." 

When  other  independent  school  districts  may  be  abolished.    Dis- 
position of  property. 

924.  That  in  all  cases  where  an  independent  school  dis- 
trict has  been  created  by  any  of  the  courts  of  quarter  sessions 
of  the  peace  of  this  Commonwealth,  or  by  act  of  assembly, 
it  shall  be  lawful  for  said  courts,  upon  the  application  of  the 
majority  of  the  taxable  citizens  of  any  school  district,  out 
of  which  any  independent  district  may  be  created,  by  peti- 
tion setting  forth  that  they  desire  the  abolition  of  any  dis- 
trict, to  hear  and  determine  the  application  upon  its  merits, 
and  if  deemed  expedient  the  said  court  shall  discontinue  the 
said  district :  Provided,  If  any  district  shall  be  discontinued 
the  school  property  of  said  district  shall  be  disposed  of  as  is 
required  by  the  the  existing  laws.23 

Elections  in  independent  school  districts  regulated. 

925.  That  when  an  independent  school  district  shall 
be  established  the  proper  court  shall,  in  the  decree  therefor, 
designate  the  time  and  place  for  holding  the  annual  elec- 
tions of  directors  therein,  and  appoint  two  persons  to  hold 
the  first  election,  at  a  time  appointed,  therefor,  who  shall 
give  ten  days'  notice  thereof,  by  printed  or  written  hand- 
bills, put  up  at  not  less  than  six  public  places  within  said 
district,  at  which  first  election  six  directors  shall  be  chosen, 
two  for  three  years,  two  for  two  years,  and  two  for  one  year 
then  next  ensuing,  and  thereafter  two  directors  shall  be 
chosen  for  three  years,  at  the  annual  election  to  be  called 
and  held  by  the  president  and  secretary  of  the  board,  at  the 
time  or  place,  and    in  the  manner,  in  said  decree  therefor 
appointed,  said  election,  in  all  other  respects,  to  be  con- 
ducted in  conformity  with  the  existing  school  law ;  and  that, 
in  independent  .districts,  established,  or  hereafter  to  be  es- 


22.  Act  May  20,  1857,  Sec.  i,  P.  L.  588. 

23.  Act  May  12,  1897,  Sec.  I,  P.  L.  55. 


436  COMMON   SCHOOL   LAW 

tablislied,  by.  the  legislature,  without  specifying  the  mode, 
time  or  place  of  electing  directors,  the  first  election  shall 
be  held  at  such  time  and  place,  within  the  proper  district, 
as  shall  be  specified  by  written  or  printed  notices  thereof, 
put  up  at  not  less  than  ten  public  places  therein,  signed  by 
not  less  than  five  taxable  citizens  thereof,  and  giving  ten 
full  days'  notice  of  such  election,  and  subsequent  elec- 
tions shall  be  held  at  such  time  and  place,  annually,  as 
shall  be  designated  by  similar  notices,  signed  by  the  presi- 
dent and  secretary  of  the  proper  board  ;  said  elections,  in 
all  other  respects,  to  be  held  and  conducted  in  the  manner 
in  this  section  before  provided.24 

Abolition  of  independent  school  districts  created  by  the  courts  of 
quarter  sessions. 

926.  In  all  cases    where  an  independent   school    dis- 
trict  has  been   created    by  any  of  the  courts  of  quarter 
sessions  of  th'e  peace  of  this  Commonwealth,  or  by  act  of 
assembly,  it  shall  be  lawful  for  the  court  of  quarter  sessions 
of  the  county  in  which  such  independent  district  is  located, 
upon  application  to  said  court  of  a  majority  of  the  taxable 
citizens  resident  within  the  limits  of  such    independent 
school  district,  by  petition,  setting  forth   that  they  desire 
the  abolition  of  said  district,  to  hear  and  determine  the  ap- 
plication upon  its  merits  ;  and  if  deemed  expedient,  the  said 
court  shall  discontinue  the  said  independent  district.25 

Reversion  of  Property. 

927.  If  any  such  independent  district  be  discontinued,  as 
provided  in  section  i  of  this  act,  the  school  property  of  such 
independent  district  shall  revert  to  the  districts  out  of  which 
such  independent  district  was  originally  created,  and  shall 
be  apportioned  among  said  districts  in  such  manner  as  is 
required  by  existing  laws.26 


24.  Act  April  n,  1862,  Sec.  9,  P.  L.  471. 

25.  Act  April  22,  1903,  Sec.  I,  P.  L.  237. 

26.  Act  April  22,  1903,  Sec.  2,  P.  L.  237. 


MISCELLANEOUS  437 

Application  of  Act  April  22,  1903,  P.  L.  237. 

928.  That  the  provisions  of  this  act  shall  not  apply  to 
independent  school  districts  composed  of  parts  of  adjoining 
counties.27 

Repeal. 

929.  All  acts  or  parts  of  acts  inconsistent  herewith  be 
and  the  same  are  hereby  repealed.28 

Against  formation  of  independent  school  districts. 

930.  The  law  does  not  favor  the  erection  of  independ- 
ent school  districts  :  Independent  School  District  in  Frank- 
lin Township,  i  Susqh.  Leg.  Chron.  75.     They  are  against 
the  general  policy  of  the  law,  and  operate  seriously  to  dis- 
arrange the  general  school  organization :  Independent  School 
District  in  Sewickley  Township,  33  Pa.  297  ;  Mt.  Pleasant 
Township  Independent  School  District,  10  Pa.  C.  C.  588. 
They  are    not   encouraged    because   exceptional :  Hatfield 
Township  School  District,  2  Walker  169  ;  Conley  vs.  School 
Directors,  32  Pa.  194.     Hence  it  is  held  that,  under  the  act 
of  May  8,  1855,  P.  L,.  509,  as  interpreted  by  the  act  of  May 
20,  1857,  P.  L/.  587,  "where  no  natural  or  other  adequate 
obstacle  prevents  proper  provision  in  the  general  common 
school  organization  of  a  township,  no  independent  school 
district  can  be  created.     The  existence  of  such  an  obstacle 
is  an  affirmative,  substantive  and  essential  fact  in  the  pro- 
ceedings ;  a  fact  which  must  appear  in  order  to  obtain  a  de- 
cree.    Bvery   substantive,    material    and    affirmative    fact 
which,  by  the  express  language  of.  the  statute  law,  is  made 
indispensable  in  the  proof  should  be  averred  or  should  ap- 
pear in  the  record :  "  Hatfield  Township  School  District,  2 
Walker    169  ;     South    Abington    Township    Independent 
School    District,    n    Pa.  C.   C.  606;    Independent  School 
District  in  Greenwood  Township,  19  Pa.  C.  C.  452. 29 
Liquor  license  money  payable  to  school  districts. 

931.  In  townships  where  the  roads  shall  be  made  and 
repaired  by  tax  payers,  under  contract  with  the  township, 

27.  Act  April  22,  1903,  Sec.  3,  P.  L.  237. 

28.  Act  April  22,  1903,  Sec.  4,  P.  I,.  237. 

29.  In  re  Independent  School  District  in  Franklin  Township,  8  D.  R. 

370,  1898. 


438  COMMON   SCHOOL   LAW 

pursuant  to  the  provisions  of  the  act  of  I2th  June,  Anno 
Domini  one  thousand  eight  hundred  and  ninety-three,  and 
its  supplements,  the  proportion  of  liquor  license  money  by 
existing  laws  made  payable  to  such  townships,  and  any  and 
all  money  derived  from  same  source,  now  in  the  hands  of 
the  township  treasurer,  or  in  the  hands  of  any  person  or  per- 
sons for  the  use  of  the  township  or  townships,  shall  be  paid, 
during  the  .time  the  roads  are  thus  or  were  made  and  re- 
paired, to  the  treasurer  of  the  school  district  of  such  town- 
ship, for  school  purposes  :  Provided,  That  if  any  such  town- 
ship shall  contain  one,  or  more  than  one,  independent  school 
district,  the  license  money  due  said  township  shall  be  di- 
vided among  all  the  school  districts  thereof,  every  district 
receiving  the  proportion  of  license  money  that'  its  assessed 
valuation  of  taxable  property  bears  to  the  assessed  valuation 
of  such  property  in  the  entire  township.30 

Penalties  recovered  for  trespass  upon  private  property  to  be  paid 
to  school  fund. 

932.  It  shall  be  unlawful  for  any  person  wilfully  to 
enter  upon  any  land,  within  the  limits  of  this  Common- 
wealth, where  the  owner  or  owners  of  said  land  has  caused 
to  be  prominently  posted  upon  said  land  printed  notices 
that  the  said  land  is  private  property,  and  warning  all  persons 
from  trespassing  thereon,  under  the  penalties  provided  in 
this  act31 

Fine  and  penalty. 

933.  Every  person  violating  the  provisions  of  this  act 
shall  be  liable  to  a  penalty  of  not  exceeding  ten  dollars, 
together  with  the  costs  of  prosecution,  to  be  recovered  be- 
fore any  magistrate  or  justice  of  the  peace,  as  fines  and  pen- 
alties are  by  law  recoverable  ;  and  in  default  of  payment  of 
said  fine  and  costs,  the  party  convicted  shall  be  committed 
to  the  county  jail  of  the  proper  county,  for  one  day  for  each 
dollar  of  fine  imposed.32 

Penalties  payable  to  the  school  fund. 

934.  All  penalties  recovered  under  this  act  shall  be 
paid  to  the  school  fund  of  the  district  in  which  the  trespass 
was  committed.33 


30.  Act  April  22,  1903,  Sec,  i,  P.  L.  259. 

31.  Act  April  14,  1905,  Sec.  I,  P.  TL,.  169. 

32.  Act  April  14,  1905,  Sec.  2,  P.  L,.  169. 

33.  Act  April  14,  1905,  Sec.  3,  P.  L.  169. 


CHAPTER   XXXVIII. 

FORMS. 

PACK 

936.  Agreement  between  teacher  and  directors 339 

937.  Form  of  annual  statement  of  district  accounts 440 

938.  Order  of  district  treasurer 442 

939.  Bond  for  treasurer  of  school  district.. 442 

940.  Bond  of  collector  of  school  tax 443 

941.  Oath  of  collector  of  school  tax 444 

942.  Warrant  to  collector  of  school  tax 444 

943.  Certificate  by  collector  to  county  commissioners  of  unpaid 

school  tax  on  unseated  lands 445 

944.  Certificate  to  prothonotary  of  unpaid  balance 446 

945.  Petition  for  appointment  of  sanitary  agent  under  act  of  April 

n,  1899,  P.  L.  38 446 

946.  Decree «... '.  447 

947.  Notice  of  convention  of  school  directors  for  election  of  county 

superintendent 448 

948.  Petition  for  removal  of  school  directors.     Act  May  8,   1854, 

Sec.  9,  P.  L.  617.     Act  April  22,  1863,  Sec.  9.     See  Chap. 
VII.  Sec.  185 448 

949.  Petition  to  appoint  inspector  of  school  accommodation.     Act 

June  6,  1893,  P.  I,.  33° 449 

950.  Petition  for  removal  of  school  directors.     Act  May  8,  1854,  Sec. 

9,  P.  L,.  617.     See  Chap.  VII.  Sec.  185 450 

951.  Application  for  state  normal  diploma 451 

952.  Form  of  practical  teacher's  state  certificate 452 

953.  Lease  of  house  and  lot  to  school  district  454 

954.  Deed  to  school  district 454 

955.  Bond  of  school  district  for  damages  for  appropriation  of  lands...  455 

956.  Apprenticeship  of  child  by  public  charitable  institution.     Act 

May  25,  1878,  P.  L.  152 45$ 

957.  General  form  of  complaint  or  information 457 

958.  Physician's  certificate  of  vaccination 458 

959.  Teacher's  attendance  report 458 

960.  Secretary's  official  notice  of  absence  to  parent  or  guardian 459 

961.  Secretary's  report  to  the  principal  or  teacher 459 

962.  Summons  on  parent  or  guardian 460 

963.  Service  of  summons 461 

964.  Petition  to  assess  damages  for  a  school  house  lot.     Act  April 

9,  1867,  P.  Iv.  51 461 

Agreement  between  teacher  and  directors. 

936. 

Agreement  made  and  concluded,  this day 

of ,  19 . . ,  between  ,  teacher  of  the 

first  part,  and  the  board  of  school  directors  of 

school  district,  in county,  state  of  Pennsylvania, 

of  the  second  part,  as  follows,  to  wit : 


440  COMMON   SCHOOL   LAW 

The  said hereby  covenants  and  agrees  with 

the  board  of  school  directors  of school  district,  that 

(he  or  she)  will  faithfully  and  diligently,  under  the  supervision 
and  exclusive  direction  of  the  said  board  and  their  successors, 
but  subject,  nevertheless,  to  the  visitation  and  lawful  author- 
ity of  the  county  superintendent,  teach  in 

school  house  for  the  term  of  ....  months ;  reserving  the 
right  of  the  board  of  directors  to  dismiss  the  said  teacher  at 
any  time  whatever,  for  any  of  the  causes  specified  in  the 
twenty-third  section  of  the  act  of  May  8,  1854,  entitled  "An 
act  for  the  regulation  and  continuance  of  a  system  of  educa- 
tion by  common  schools." 

•  In  consideration  whereof,  the  said  board  of  school  direc- 
tors of school  district  agrees  to  pay  the  said 

,  for  (his  or  her)  services  as  aforesaid,  the  sum 

of dollars  per  month,  during  the  period  above 

named,  to  be  paid 

In  witness  thereof  the  parties  have  hereunto  set  their 

hands  and  seals  this day  of ,  A.  D.  19  ... 

,  (seal) 

President  Board  of  School  Directors. 

,  (seal) 

Teacher. 
Countersigned  : 


Secretary  Board  of  School  Directors. 
Form  of  annual  statement  of  district  accounts. 

937- 

Common  school  district. 

Receipts  and  expenditures  for  19. .. 

Tax  rate, ....  mills  on  the  dollar  of  valuation  for  school  pur- 
purposes,  and   .  . .  mills  for  building  purposes. 
Receipts.1 


I.  If  there  was  a  building  tax  and  a  house  or  houses  erected  during  the 
year,  the  amount  of  the  building  tax,  and  the  portion  of  it  ex- 
pended in  the  year  for  this  purpose,  is  to  be  stated  in  the  same 
way,  with  the  balance  on  hand,  or  the  debt  for  this  purpose,  if 
any,  under  the  proper  heads  "Receipts,"  and  "Expenditures  for 
Building,"  as  in  the  case  of  ordinary  school  tax  and  expenditure. 


FORMS  441 


Balance  on  hand  from  last  year  (if  any),  as  per 
last  report jf 

From  collector,  including  taxes  of  all  kinds .  . . 

From  loans,  since  last  report   

From  county  treasurer,  for  unseated  lands,  since 
last  report 

From  state  appropriation  for  year  ending  June, 

*9 

From  all  other  sources  (as  sales  of  houses  or 

lands,  liquor  fines,  etc.) 


Total  receipts 


Expenditures. 

For  purchasing  grounds $ 

For  building  and  furnishing  houses 

For  renting  and  repairing,  etc 

For  teachers'  wages 

For  school  books  and  supplies       

For  fuel  and  contingencies 

For  fees  of  collector,  $ ... .  ,and  treasurer,  $ . .  . . , 
For  salary  of  secretary  or  district  superintend- 
ent  

For  debt  and  interest  paid 

For  other  expenses 


Total  expenditures 


Cash  on  hand 

Or,  amount  due  treasurer , 


Resources. 

Cash  on  hand,  if  any 

Amount  due  district  from  all  sources. 


Total  resources 


Liabilities. 

Amount  due  treasurer,  if  any 

Amount  due  on  unsettled  bills,  if  any 


442  COMMON   SCHOOL   LAW 

Amount  borrowed  and  unpaid,  or  debt  of  dis- 
trict. . 


Total  liabilities 


Order  on  district  treasurer. 

938. 


To  the  Treasurer  of School  District 

....  County  : 

Sir :    Pay    to or  order,    dol- 
lars   and    cents,    being    one    month's    salary 

due  him  as  teacher  up  to (or  on  account  of 

salary,  or  for  fuel  furnished  to ...    school  house, 

or  for  rent  for  school  house,  etc.,  as  the  case  may  be),  for 
which  this  will  be  your  sufficient  voucher  on  settlement  of 
your  accounts. 

By  order  of  the  board  of  directors  : 


President. 
Countersigned  : 


Secretary. 
Bond  for  treasurer  of  school  district. 

939- 

Know   all    men    by    these   presents,    that    we, 

and of in 

County,  Pennsylvania,  are  held  and  firmly  bound  to   

,  president  of  the  board  of  school  directors  of 

school  district,  in county,  for  the   use 

of  said  school  district,  in  the  sum  of dollars 

(here  insert  double  the  amount  of  the  sum  that  will  prob- 
ably come  into  the  hands  of  the  treasurer  for  one  year,  for 
school  purposes),  lawful  money,  to  be  paid  to  the  said 

school  district ;  to  which  payment  well  and 

truly  to  be  made  and  done,  we  bind  ourselves,  jointly  and 
severally,  our  heirs,  executors  and  administrators,  and 
every  of  them,  firmly  by  these  presents.  Sealed  with  our 

seals  ;  dated   the day   of ,  one 

thousand  nine  hundred  and  . 


FORMS  443 

Whereas  the  said lias  been  duly  chosen 

treasurer  of  the  said school  district,  for  and 

during  the  term  of  one  year  from  the  date  hereof :  Now  the 

condition  of  this  obligation  is  such,  that  if  the  said 

shall  and  do  well  and  faithfully  perform  all  the  acts 

and  duties  lawfully  pertaining  to  his  office  as  district  treas- 
urer aforesaid,  according  to  the  terms  of  the  school  law,  ap- 
proved the  8th  day  of  May,  1854,  and  the  supplements 
thereto,  then  this  obligation  to  be  void  ;  else  to  be  and  re- 
main in  full  force  and  virtue.  And  further,  we  do  hereby 
empower  any  attorney  of  any  of  the  courts  of  record  of  this 
state  or  elsewhere,  to  appear  for  us,  and  after  one  or  more 
declarations  filed  for  the  above  penalty,  thereupon  to  con- 
fess judgment  or  judgments  against  us,  as  of  the  last,  next, 
or  any  subsequent  term,  without  stay  of  execution,  and 
with  release  of  errors,  etc. 

(Signed  and  sealed  by  obligors  and  witnessed.) 
Bond  of  collector  of  school  tax. 

940. 

Know  all  men  by  these  presents  that  we, 

and ,  of ,  are  held  and  firmly  bound 

unto  the  Commonwealth  of  Pennsylvania  in   the  sum  of 

dollars,  lawful  money  of  the  United  States  of 

America,  to  be  paid  to  its  certain  attorney  or  assigns,  to 
which  payment  well  and  truly  to  be  made  we  bind  ourselves, 
our  heirs,  executors  and  administrators  firmly,  jointly  and 
severally,  by  these  presents.  Sealed  with  our  seals  and 
dated  the ....  day  of ,  19 ... 

Whereas  the,  above  bounden   has  been 

duly  elected  and  returned  to  the  court  of  quarter  sessions  of 

the  peace  of  the  county  of as  collector  of  taxes 

of  the  township  of ,  in  the  said  county,  for  the 

ensuing  year,  and  has  been  duly  qualified  according  to  law  : 

Now,  the  condition  of  this  obligation  is  such,  that  if 

the  said shall  and  do  well  and  truly  collect  and 

pay  over,  or  account  for,  according  to  law,  the  whole  amount 
of  taxes  charged  and  assessed  in  the  duplicates  which  shall 
be  delivered  to  him,  and  faithfully  discharge  the  duties  ap- 
pertaining to  the  office  of  collector  of  taxes,  according  to 


444  COMMON   SCHOOL   LAW 

law,  then  this  obligation  to  be  void  ;  otherwise  to  be  and 

remain  in  full  force  and  virtue. 

,  (seal) 

,  (seal) 

Sealed  and  delivered  in 
the  presence  of 


Oath  of  collector  of  school  tax. 

941. 
County,  ss  : 

I, ,  having  been  duly  elected  collector  of 

the  taxes  of  the of ,  do  swear  (or  affirm)  that 

I  will  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  the  Commonwealth  of  Pennsylvania  ; 
that  I  will  well  and  truly  collect  and  pay  over,  or  account 
for,  according  to  law,  the  whole  amount  of  taxes  charged 
and  assessed  in  the  duplicates  which  shall  be  delivered  to 
me,  and  faithfully  discharge  the  duties  of  said  office  accord- 
ing to  law  and  the  best  of  my  judgment  and  ability. 

Sworn  (or  affirmed)  and  subscribed,  etc. 

Warrant  to  collector  of  school  tax. 

942. 
County, .  District,  ss  : 

To Collector  of school  dis- 
trict in  said  county  :  These  are  to  require  you  to  collect 
and  receive  from  persons  assessed,  the  several  sums  in  your 
duplicate  respectively  mentioned,  and  you  shall  complete 
and  pay  unto ,. ,  treasurer  of  said  school  dis- 
trict, on  or  before  the day  of 

next,  all  such  sum  or  sums  of  money  as  you  may  then  have 
collected,  at  which  time  the  board  of  school  directors  will 
attend  at  their  place  of  meeting  in  said  district,  and  make 
an  abatement  of  deficiencies,  mistakes,  or  for  indigent  per- 
sons, etc.  And  if  any  person  or  persons  shall  neglect  or  re- 
fuse to  make  payment  within  thirty  days  after  lawful  de- 
mand made  by  you,  it  shall  and  may  be  lawful  to  and  for 
you,  and  you  are  hereby  commanded  and  required,  to  levy 


FORMS  445 

the  said  tax  by  distress  and  sale  of  the  goods  and  chatties 
of  such  delinquent,  giving  ten  days'  notice  of  such  sale,  by 
written  or  printed  advertisements,  rendering  the  overplus 
(if  any  be),  to  the  owners.  And  in  case  goods  and 
chattels  cannot  be  found  sufficient  to  satisfy  the  same, 
with  cost  of  suits,  then  you  shall  take  the  body  of  every 
such  person  and  bring  him  to  the  county  jail,  and  deliver 
him  to  the  sheriff  or  keeper  of  said  jail,  who  shall  detain 
and 'keep  him  in  safe  custody,  without  bail  or  main  prize, 
until  payment  shall  be  made. 

And  you  shall  complete  and  pay  into  the  said 

the  whole  amount  of  your  duplicate,  except  such  deficien- 
cies, etc.,  as  shall  have  been  allowed  as  aforesaid,  on  the 

day  of next. 

Given  under  my  hand  and  seal  the day  of 

19  •• 

,  (seal) 

President,  Board  School  Directors 

of District 

Countersigned  : 


Secretary  of  the  Board. 

Certificate  by  collector  to  county  commissioners,  of  unpaid  school 
tax  on  unseated  lands. 

943- 
To  the  Commissioners  of  the  county  of : 

Gentlemen  :     I  do  hereby  certify  that  the  following 

school  tax  on  unseated  lands  within  the  district  of 

. .  . . ,  was  regularly  assessed  and  set  forth  in  the  dupli- 
cate of  school  tax  for  the  year  19 . . ,  delivered  to  me  for  col- 
lection by  the  president  of  the  board  of  directors  thereof, 
and  that  the  same  has  not  been  paid  to  me  by  the  owner 
thereof.  You  are  therefore  required  to  cause  the  same  to  be 
collected  and  paid  over,  agreeable  to  the  thirty-fourth  sec- 
tion of  the  act,  entitled  "An  Act  for  the  regulation  and  con- 
tinuance of  a  system  of  education  by  common  schools, " 


446  COMMON  SCHOOL   LAW 

passed  May  8,  1854,  and  the  eighth  section  of  the  supple- 
ment thereto,  passed  April  u,  1862,  viz  : 

Upon  lands  of $ 

Upon  lands  of $ 


Collector  of School  Dis- 
trict ....    County. 

August . .  . .  19 . . 
Certificate  to  prothonotary  of  unpaid  balance  due  from  collector. 

944- 

To  the  Prothonotary  of  the  Court  of  Common  Pleas  of  the 
county  of : 

I  hereby  certify  that  school  tax  for  the  current  school 

year  in  the  district  of ,  in  said  county,  to  the 

amount  of  (insert  the  amount  in  words)  is  due  and  unpaid 

by ,  school  tax  collector  of  said  district,  at  the 

date  hereof,  which  you  are  required   to  enter  against  said 

and and ...  who     are 

his  sureties,  in  accordance  with  the  provisions  of  the  thir- 
teenth sections  of  the  act,  entitled  "  A  further  supplement 
to  the  Act,  entitled  '  An  Act  for  the  regulation  and  contin- 
uance of  a  system  of  education  by  common  schools,'  "  etc., 
approved  April  n,  1862. 

Dated  this day  of 19 .. 


President,  Board  School  Directors 

of District. 

Attest : 


Secretary. 

Petition  for  appointment  of  sanitary  agent  under  act  April  11, 1899, 
P.  L.  38- 

945- 
To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas 

in  and  for  the  county  of ,  Pennsylvania. 

The  petition  of 'the  directors  of  the  school  district  of 

township,  said  county,  respectfully  represents  : 

That  the  school  directors  of  the  said  township  of . .  . . 
have  adopted  rules  and  regulations  to  prevent  the 


FORMS  447 

introduction  and  spread  of  contagious  or  infectious  diseases, 
etc.,  and  having  received  information  that  there  is  an  epi- 
demic of  small-pox  in  the  said  township,  by  reason  whereof 
it  will  become  necessary  to  regulate  intercourse  with  such 
infected  places,  they  desire  to  appoint  a  sanitary  agent  for 
the  term  of  one  year,  at  a  compensation  of  two  dollars  per 
day  for  time  actually  employed  as  such  agent. 

Your  petitioners  therefore  pray  your  Honorable  Court 
to  approve  the  reasons  given  by  said  board  for  the  appoint- 
ment of   said  sanitary  agent,  and  also  to  approve  of  the 
compensation  deemed  proper  therefor. 
And  they  will  ever  pray. 


President  of School  District. 

Attest : 


Secretary  ....    School  District. 

county,  ss.  : 

being  duly  affirmed  according  to  law  doth 

depose  and  say  that  the  facts  set  forth  in  the  foregoing  peti- 
tion are  true  and  correct  to  the  best  of  his  knowledge  and 
belief. 

Affirmed  and  subscribed  to  before  me  this . .  .   day  of 
,  A.  D.  19... 


Decree. 

946. 

And  now,  to  wit  :  the  ....  day  of ,  A.  D. 

19 . . ,  the  court  having  heard,  read  and  considered  the  fore- 
going petition,  and  being  satisfied  with  the  propriety  there- 
of, and  the  truth  of  the  facts  therein  contained,  do  hereby 
approve  the  reasons  given  by  the  board  of  directors  of  the 

school  district  of township,  said  county,  for  the 

appointment  of  a  sanitary  agent,  and  also  approve  the  com- 
pensation of  two  dollars  per  day  deemed  proper  therefor. 
Said  compensation  to  be  paid  out  of  the  school  fund  of  said 

township. 

By  the  court : 


President  Judge. 


448  COMMON   SCHOOL   LAW 

Notice  of  convention  of  school   directors  for  election  of  county 
superintendent. 1 

947- 
To  the  school  directors  of county  : 

Gentlemen : — In  pursuance  of  the  thirty-ninth  section 
of  the  act  oi  May  8,  1854,  as  amended  by  act  March 
27,  1866,  P.  L.  88,  you  are  hereby  notified  to  meet 

in  convention,  at  the  court  house,  in ,011  the 

first  Tuesday  in   May,   19..,    being  the day  of  the 

month,  and  select,  viva  voce,  by  a  majority  of  the  whole 
number  of  directors  present,  one  person  of  literary  and 
scientific  acquirements,  and  of  skill  and  experience  in  the 
art  of  teaching,  as  county  superintendent,  for  the  three  suc- 
ceeding years  ;  and  certify  the  result  to  the  state  superin- 
tendent, at  Harrisburg,  as  required  by  the  thirty-ninth  and 
fortieth  sections  of  said  act. 


County  Superintendent  of county. 

,  April..  ..,19... 

Note  i.  The  above  notice  is  to  be  inserted  once  a  week  for  three 
successive  weeks  immediately  preceding  the  first  Tuesday  in  May,  in 
not  more  than  two  newspapers  of  the  proper  county,  if  so  many  be  pub- 
lished therein ;  if  none  are  published  in  the  county,  a  printed  copy  of 
the  notice  is  to  be  sent  by  mail  to  the  secretary  of  the  board  of  directors 
of  each  school  district. 

Petition  for  removal  of  school  directors.  Act  May  8,  1854,  Sec.  9, 
P.  L.  617.  Act  April  22,  1863,  Sec.  9.  See  Chap.  VII.,  Sec. 
186. 

948 

In  re  Removal  of  School  Directors  of School 

District. 

In  the  Court  of  Quarter  Sessions  of County,  Penn- 
sylvania.    No....,     Term,   19.. 

To   the   Honorable ,  President  Judge  of  the 

said  Court : 

The  petition  of  the  undersigned,  taxable  citizens  of 

school  district  respectfully  represents  : 

That  the  members  of  the  board  of  school  directors  of 

said   school   district,  to    wit :      ,     ,     , 

,  etc.,  have  failed  and  neglected  to  organize  as  re- 
quired by  the  Act  of  General  Assembly  of  April   22,  1863, 


FORMS  449 

Sec.  9,  and  have  failed  to  organize  up  to  the  date  of  pre- 
senting this  petition.  That  no  treasurer  has  been  chosen 
for  the  year,  and  the  district  is  in  danger  of  losing  its  state 
appropriation. 

Wherefore  your  petititioners  pray  your  Honorable 
Court  to  grant  a  rule  upon  the  aforesaid  members  of  board 
of  school  directors,  requiring  them  to  appear  and  show 
cause  why  their  seats  as  school  directors  of  the  said  school 
district  shall  not  be  declared  vacant  and  other  directors  be 
appointed  in  their  stead,  as  by  law  in  such  cases  provided. 

And  they  will  ever  pray,  etc. 

(Signed  by  six  taxable  citizens.) 
State  of  Pennsylvania,  County  of ,  ss.: 

Before  me,  a  Notary  Public,  personally  appeared  (any 
three  signers)  above  named  who  being  duly  sworn  accord- 
ing to  law,  deposeth  and  saith  that  the  above  named  are 

taxable  citizens  of township  school  district 

and  that  the  facts  above  set  forth  are  true. 
Sworn  and  subscribed  before  me, 
this day  of ,  A.  D.,  19 . . 


Notary  Public. 

Petition  to  appoint  inspector  of  school  accommodations.    Act  June 
6, 1893,  P.  L.  330. 

949- 

To  the  Honorable  the  Judges  of  the  Court  of  Common  Pleas 
of   County  : 

The  petition  of  the  undersigned,  resident  taxable  citi- 
zens of  the  township  of ,  in  the  county  afore- 
said, respectfully  represents  :  That  the school 

house,  situated  in  the extremity  of  said  town- 
ship, is  unsuitable  for  the  requirements  of  the  public  school 
kept  therein,  being  in  ruinous  and  unsafe  condition,  of  in- 
sufficient seating  capacity,  and  destitute  of  the  ordinary  con- 
veniences necessary  for  the  proper  accommodations  of  the 
teachers  and  scholars.  That  the  school  directors  of  said 
township  (naming  them)  wilfully  refused  and  neglected, 
and  are  still  refusing  and  neglecting,  to  provide  a  suita- 
ble, safe  and  convenient  building  for  school  purposes  in  said 


450  COMMON   SCHOOL   LAW 

district,  though  frequently  requested  by  a  num- 
ber of  the  taxpayers  of  the  township  so  to  do.  Your  peti- 
tioners therefore  pray  the  court  to  appoint  a  competent  in- 
spector to  visit  the  said  district,  and  inquire  into  the  facts 
herein  set  forth,  and  report  to  the  court,  that  such  further 
order  may  be  taken  in  the  premises  as  is  provided  in  such 
case  by  the  act  of  assembly,  approved  the  6th  day  of  June, 

1893- 

(To  be  signed  by  ten  or  more  petitioners,  at  least  six  of  whom  must 
make  affidavit  thereto). 

Petition  for  removal  of  school  directors.    Act  May  8,  1854,  Sec.  9, 
P.  L.  617.    See  Chap.  VII.,  Sec.  185. 

95°- 

In  re  Removal  of  School  Directors  of Town- 
ship. 
In  the  Court  of  Quarter  Sessions  of County, 

Pennsylvania.     No . .  . . ,     Sessions,  19 .. 

To  the  Honorable ,   President  Judge  of  the 

said  Court : 

The  petition  of  the  undersigned  taxable  citizens  of 
school  district,  respectfully  showeth, 

That  the  members  of  the  board  of  directors  of  the  said 

school  district,   to   wit,    ,    ,    ...'...,    , 

,  ,  have  during  the  last  year  refused  and  neg- 
lected, and  are  still  refusing  and  neglecting  to  perform  their 
duties  as  school  directors  of  said  school  district  in  the  fol- 
lowing particulars  : 

To  open  and  keep  the  schools  of  said  district  in  opera- 
tion as  far  as  the  means  of  the  district  will  admit ;  to  provide 
and  keep  at  the  several  school  houses  in  said  school  district 
suitable  and  convenient  water  closets  for  both  sexes,  in  the 
manner  required  by  law ;  to  pay  the  teachers  and  janitors 
of  the  schools  of  said  school  district  their  salaries  ;  to  pro- 
vide fuel  for  suitably  warming  said  school  houses  ;  and  to 
perform  other  duties  enjoined  upon  them  by  law. 

Wherefore  your  petitioners  pray  your  Honorable  Court 
to  grant  a  rule  upon  the  aforesaid  members  of  said  board  of 
directors,  requiring  them  to  appear  and  show  cause  why 
their  seats  as  school  directors  of  the  said  school  district 


FORMS  451 

shall  not  be  declared  vacant  and  other  directors  be  appointed 
in  their  stead,  as  by  law  in  such  cases  provided. 

And  they  will  ever  pray,  etc. 

(Signed  by  six  taxable  citizens.) 
State  of  Pennsylvania,  County  of ,  ss.: 

Before  me,  a  Notary  Public  (or  Justice  of  the  Peace) 
(or  Clerk  of  Court  of  Quarter  Sessions)  personally  appeared 
(any  three  signers)  that  the  above  named  are  taxable  citi- 
zens of.  township  school  district  and  that  the 

facts  above  set  forth  are  true,  and  further  saith  not. 
Sworn  and  subscribed  before  me, 
this day  of ,  A.  D.,  19  .. 


Notary  Public. 
Application  for  state  normal  diploma. 

951- 

No.  i. 

,  *9--- 

At  a  meeting  of  the  board  of  school  directors  of 

....  school  district,     county,  state  of  Pennsyl- 
vania, the  following  resolutions  were  adopted  : 

Resolved,  That ,  whose  address  is .... 

. .  . .  P.  O., county,  Pennsylvania,  having  taught 

a  common  school  in   this  district  for  ....  annual  school 

term . . ,  since was  graduated  by  the  state  normal 

school  located  at ,  county  of ,  we  take 

pleasure  in  saying,  that  we  consider well  qualified 

as  a  teacher,  morally,  intellectually  and  professionally. 

Resolved,  That  we  recommend  the  board  of  examiners 
and  the  faculty  of  the  above  named  normal  school,  to  grant 

said a  state  normal  diploma. 

By  order  of  the  board  of  directors. 

,  President. 

Attest : 

,  Secretary. 

No.  2. 

IF  THE  APPLICANT  HAS  TAUGHT  TWO  TERMS  FOR  ONE 
BOARD  IT  IS  NOT  NECESSARY  TO  USE  THIS  FORM. 


452  COMMON   SCHOOL   LAW 

At  a  meeting  of  the  board  of  school  directors  of 

....  school  district,  county,  state  of  Pennsyl- 
vania, it  was 

Resolved,  That having  taught  a  common 

school  in  this  district  for annual  school  term . .  since 

. .  .  .graduation  at  the  normal  school  above  named,  we  cor- 
dially unite  in  the  recommendation  expressed  in  the  pre- 
ceding resolutions. 

By  order  of  the  board  of  directors. 

,  President. 

Attest : 

,  Secretary. 

i  I9-- 

Knowing to  be  a  successful  teacher,  and 

a  person  of  good  moral  character,  I  heartily  concur  in  the 
foregoing  recommendation. 


Superintendent  of  Schools  of county. 

Form  of  practical  teacher's  state  certificate. 

952- 

No.  i. 

,  I9-- 

At  a  meeting  of  the  board  of  school  directors  of 

.    . .  school  district, county,  state  of  Pennsyl- 
vania, the  following  resolutions  were  adopted  : 

Resolved,  That ,  whose  address  is . . 

. .  . .  P.  O., county,  Pennsylvania,  having  taught 

a  common  school  in  this  district  for  ....  annual  school 

term . . ,  we  take  pleasure  in  saying  that  we  consider 

well  qualified  as  a  teacher,  morally,  intellectually  and  pro- 
fessionally. 

Resolved,  That  we  recommend  the  state  board  of  ex- 
aminers and  the  faculty  of  the  state  normal  school,  located 

at ,  Pennsylvania,  to  grant  above  named  person  a 

teacher's  certificate. 

By  order  of  the  board. 

,  President. 

Attest : 

,  Secretary. 


FORMS  453 

No.  2. 

,  I9-- 

At  a  meeting  of  the  board  of  school  directors  of 

. .  .  .school  district, county,  state  of  Pennsyl- 
vania, it  was 

Resolved,  That having  taught  a  common 

school  in  this  district  for annual  school  term . . ,  we 

cordially  unite  in  the  recommendation  expressed  in  the  pre- 
ceding resolutions. 

By  order  of  the  board. 

,  President. 

Attest : 

,  Secretary. 

No.  3. 

,  I9-- 

At  a  meeting  of  the  board  of  school  directors  of 

....  school  district,  county,  state  of  Pennsyl- 
vania, it  was 

Resolved,  That having  taught  a  common 

school  in  this  district  for annual  school  term . . ,  we  cor- 
dially unite  in  the  recommendation  expressed  in  the  pre- 
ceding resolutions. 

By  order  of  the  board. 

,  President. 

Attest : 

,  Secretary. 

Knowing to  be  a  successful  teacher, 

and  a  person  of  good  moral  character,  I  concur  in  the  fore- 
going recommendation. 


Superintendent  of  Schools  of county. 

Note — If  the  applicant  has  taught  for  one  board  the  three  annual 
school  terms  required  by  law,  Blank  No.  I  should  be  filled  up  with  the 
word  three,  and  "term  "  be  made  to  read  "  terms;  "  if  he  has  taught 
for  one  board  two  terms,  and  for  another  one  term,  Blanks  Nos.  i  and  2 
should  be  filled  up  accordingly  ;  and  the  three  forms  above  given  are  de- 
signed to  be  filled  up  only  when  the  applicant  has  taught  for  three  dif- 
ferent boards. 


454  COMMON   SCHOOL   LAW 

Lease  of  house  and  lot  to  school  district. 

953- 

Know  all  men  by  these  presents,  that  I, ,  .  . . ,  of 

,  for  and  in  consideration  of  the  payment  of  the  sum 

of. dollars  per  annum  to  me,  my  heirs,  executors, 

administrators  or  assigns,  by , ,  and , 

school    directors   of  the  district   of ,    in    the 

county  aforesaid,  do  hereby  rent  and  lease  to  the  said  school 
district,  for  the  support  and  maintenance  of  the  common 
schools  of  said  district,  according  to  law,  all  that  certain 
house  and  lot,  with  the  appurtenances,  situate,  etc.,  to  have 
and  to  hold  the  same,  for  the  purposes  aforesaid,  for  and 
during  the  term  and  period  of years  next  en- 
suing the  date  hereof,  at  the  expiration  of  which  the  said 
premises  are  to  be  surrendered  and  delivered  up  to  me,  my 
heirs,  executors,  administrators  or  assigns,  unless  the  present 
lease  shall,  in  the  meantime,  be  extended  by  me  or  them. 

In  witness  whereof  the  said  parties  have  hereunto  set 
their  hands  and  seals  the  day  and  year  above  written. 

(seal) 

(seal) 

Witnesses : 


Deed  to  school  district. 

954- 

This  indenture,  made  the day  of , 

one  thonsand  nine  hundred  and ,  between 

.  .  .  . ,  of ,  state  of  Pennsylvania,  of  the  first  part, 

and  "  The  School  District  of ,"  county  and  state 

aforesaid,  of  the  second  part,  witnesseth :  That  the  said  party 
hereto  of  the  first  part,  for  and  in  consideration  of  the  sum 

of dollars  to  him  in  hand  paid  by  the  said 

party  of  the  second  part,  at  and  before,  etc  ,  the  receipt 
whereof,  etc. ,  has  granted,  bargained,  sold,  etc. ,  and  by  these 
presents  does  grant,  bargain,  sell,  etc.,  unto  the  said  party 
of  the  second  part,  its  successors  and  assigns,  all  that  certain 
lot  or  piece  of  ground  situate,  etc.  (describing  premises  and 
reciting  title),  together  with  all  and  singular,  etc.,  and  all 


FORMS  455 

the  estate,  right,  title,  etc.  To  have  and  to  hold  the  here- 
inbefore described  premises,  with  the  appurtenances,  unto 
the  said  party  of  the  second  part,  its  successors  and  assigns, 
forever,  for  the  establishment,  support  and  maintenance  of 
common  schools  in  the  said  district,  according  to  law.  (Add 
warranty  of  title). 

In  witness  whereof,  the  said  party  of  the  first  part  has 
hereunto  set  his  hand  and  seal  the  day  and  year  first  above 
written. 

(seal) 

Signed,  sealed  and  delivered 
in  the  presence  of 


Bond  of  school  district  for  damages  for  appropriation  of  lands. 

955- 

Know  all  men  by  these  presents,  that  the 

....  school  district,  a  corporation  duly  organized  in  accord- 
ance with  the  laws  of  Pennsylvania,  and 

and are  held  and  firmly  bound  unto 

,  of county  of 

and  state  aforesaid,  in  the  sum  of  three  thous- 
and dollars,  lawful  money  of  the  United  States,  to  be  paid 
to  the  said or  to  his  attorney,  executors,  ad- 
ministrators or  assigns,  to  which  payment  well  and  truly  to 

be  made  and  done  the  said school  district 

and  the  said and ,  bind  them- 
selves, their  successors,  heirs,  executors,  or  administrators, 
firmly  by  these  presents.  • 

Sealed  with  their  respective  seals  and  dated  the 

day  of ,  19  .... 

Whereas  the  said is  the  owner  in  fee  of 

a  certain  tract  of  land  situate  in  the of 

and  state  aforesaid,  bounded  on  the  north,  etc.  (de- 
scribing premises)  and  containing acres,  more 

or  less  ; 

And  whereas  the  Board  of  Controllers  of  the  said  .... 

school  district  are  about  to  enter  upon,  take  and 

appropriate  the  said  tract  of  land  for  the  purpose  of  erecting 


456  COMMON  SCHOOL  LAW 

and  building  a  public  school  house  thereon,  and  are  unable 

to  agree  with  the  said as  to  the  sum  to  be 

paid  for  the  purchase  of  said  premises  ;  now,  therefore,  in 

order  to  secure  the  payment  to  the  said of  the 

amount  which  may  be  awarded  to  him  as  compensation  for 
the  taking  and  appropriating  of  the  same  for  the  purpose 
aforesaid,  and  the  costs  and  damages  by  reason  thereof,  the 

condition  of  this  obligation  is  such  that  if  the  said 

school  district  shall  pay  or  cause  to  be  paid  to  him, 

the  said ,  his  executors,  administrators  or  as- 
signs, the  full  sum  which  may  be  finally  recovered  by  him 
against  the  said school  district  as  compensa- 
tion as  aforesaid,  according  to  law  then  this  obligation  to 
be  void  ;  otherwise  to  be  and  remain  in  full  force  and 
virtue. 

In  witness  whereof,  the  said school  dis- 
trict   and     the     said and have 

caused  their  respective  seals  to  be  affixed  hereto  the  day  and 
year  above  mentioned. 

(seal) 

(seal) 

Sealed  and  delivered 
in  the  presence  of 


Apprenticeship  of  child  by  public  charitable  institution.    (Act  May 
35,  1878,  P.  L.  152.) 

956. 

This  indenture,  made  the  fourth  day  of 

19  .  .  .  ,  between  the  directors  of  the  "  Homeless  Children 

of  the ,"  of  the  one  part,  and , 

of  the  township  of County,  Pennsylvania,  of 

the  other  part,  witnesseth  :  That  the  directors  aforesaid  do 
hereby,  by  virtue  of  the  provisions  of  the  Act  of  Assembly 
of  this  Commonwealth  in  such  case  made  and  provided, 

bind  out  and  place  with  the  said .  for  the 

term  of  seven  years  next  ensuing  the  date  hereof , 

a  minor  child,  now  of  the  age  of years,  for 

four  years  last  past  an  inmate  of  the  said  Home  for  Friend- 


FORMS  457 

less  Children,  whose  parents  are  unable  to  support  him. 

During  said  term  of  service  the  said hereby 

engages  to  provide  the  said  minor  with  suitable  board, 
clothing,  lodging  and  all  other  necessaries,  and  to  send  him 
to  the  public  schools  of  the  said  township  at  least  four 

months  of  each  succeeding  winter  season.     The  said 

.'....  is  to  serve  the  said at  such  employ- 
ment as  is  suited  to  his  years  and  ability  in  and  about  the 
business  of  farming  upon  the  premises  of  his  said  employer, 
who  hereby  agrees  to  instruct  and  train  him  to  a  knowl- 
edge of  said  business  in  its  several  branches,  as  pursued  in 
the  neighborhood,  and  at  the  expiration  of  his  period  of  ser- 
vice aforesaid  to  present  him  with  a  good,  serviceable  suit 
of  clothing  and  the  sum  of  forty  dollars. 

In  witness  whereof,  the  parties  to  these  presents  have 
hereunto  set  their  hands  and  seals  the  day  and  year  first 
above  written. 

The  Home  for  Friendless  Children  of  the 

Attest :  ....    President,  (seal) 

Secretary  (seal) 

Sealed  and  delivered 

in  the  presence  of 


General  form  of  complaint  or  information. 

957- 
county,  ss.  : 

,  of  the  township  of ,  in  the 

county  aforesaid,  having  been  duly  sworn  (or  affirmed),  says 

that did,  in  the  county  aforesaid,  on  or  about 

the day  of ,  19  .  .,  cruelly  ill-treat,  abuse  and 

punish  one ,  a  minor  child,  between  .  .  .  and 

.  .  .  years  of  age,  of  deponent  (stating  circumstances),  con- 
trary to  the  act  of  assembly  in  such  case  made  and  provided 
(or,  if  the  offense  be  one  at  common  law,  "  against  the  peace 
and  dignity  of  the  Commonwealth  of  Pennsy  Ivan  ill"). 


Sworn  (or  affirmed)  and  subscribed  before  me  this  . 
day  of ,  19  ... 


Justice  of  the  Peace. 


458  COMMON   SCHOOL   LAW 

Physician's  certificate  of  vaccination. 

State  board  of  health  model  forms. 


Form  10. 

I  hereby  certify  that  on  the  .  .  .  day  .......  ,  19  .  .  ., 

I  vaccinated  ..........  ,  age  .  .  .  ,  address  .......  ,  and 

that  on  the  .  .  .  day  of  ..........  ,  19...,!  find  a  result- 

ing sore,  which  in  my  opinion  means  a  successful  vaccina- 
tion. 

............  ,  M.  D. 

Address  . 


Form  ii. 

I  hereby  certify  that  on  the  .  .  .  day  of  ....,.,  19  ... 

I  examined  a  cicatrix  on ,  . ,  age  .  .  . ,  address  .  . 

,  and  believe  it  to  be  the  result  of  a  successful 

vaccination. 

,  M.  D. 

Address  . 


Form  12. 

I  hereby  certify  that  on  the  .  .  .  day  of ,  19  ... 

I  examined ,  age  .  .  .  ,  address , 

and  found  well  defined  cicatrices  of  small-pox. 

,  M.  D. 

Address 

Teacher's  attendance  report. 

959- 

Mr . . ,  secretary  or  superintendent  of  schools 

or  attendance  officer, 


In  violation  of  the  provisions  of  the  act  July  n,  1901, 


FORMS 


459 


the  following  children  were  absent  without  satisfactory  ex- 
cuse : 


Name. 

Age. 

No.  of  Days. 

Name  of  Parent  or 
Guardian. 

,  Teacher. 

School. 

Mailed  or  delivered  this  .  .  .  day  of ,  19  ... 

Note — Print  on  the  back  of  this  report  sections  i,  2,  5,  6  and  7  of  act 
July  II,  1901. 

See  chapter  on  Compulsory  Attendance. 

Secretary's  official  notice  of  absence  to  parent  or  guardian.     . 

960. 
Mr 

By  virtue  of  the  provisions  of  an  act  of  assembly  pro- 
viding for  the  attendance  of  children  in  the  schools  of  this 
Commonwealth,  and  providing  penalties  for  violation  there- 
of, approved  July  u,  1901,  you  are  officially  notified  that 

has  been  absent  during  the  present  school 

term  for  a  greater  length  of  time  than  three  days  without 
lawful  excuse. 

Unless  you  send  your  child  to  school  immediately,  or 
show  good  reason  for  not  doing  so,  you  will  become  liable 
to  the  penalty  imposed  by  law. 

Served  this  .  .  .  day  of ,  19  ... 

,  Secretary. 

Note— Print  on  the  back  of  the  notice  sections  i,  2,  4,  5,  6  and  7  of 
the  act  July  n,  1901. 

See  chapter  on  Compulsory  Attendance. 

Secretary's  report  to  the  principal  or  teacher. 

961. 

,  Pennsylvania, ,  19  ... 

,  teacher school, dis- 
trict,   county,   Pennsylvania.      Beginning 

of  school  term 

I  hereby  furnish  you  with  a  correct  list  of  all  the  chil- 


460 


COMMON  SCHOOL   LAW 


dren  between  the  ages  of  six  and  sixteen  reported  to  me  by 
the  assessor  for  your  school. 

Respectfully, 


'                    * 

Name. 

Age. 

Sex. 

Color. 

Name  of  Parent  or 
Guardian. 

Note—  It  is  suggested  that  the  secretary  have  printed  the  sections  4, 
5,  6  and  7  of  the  act  July  n,  1901,  to  aid  the  principals  and  teachers  in 
the  enforcement  of  the  said  act. 

See  chapter  on  Compulsory  Attendance. 
Summons  on,  parent  or  guardian. 


962. 


,  Pennsylvania, ,  19  ... 


Mr. 


Parent  or  guardian  of 

Dear  Sir  : — The  act  July  n,  1901,  directs  every  parent, 
guardian  or  other  person  in  this  Commonwealth,  having 
control  or  charge  of  a  child  or  children  between  the  ages  of 
eight  and  sixteen  years,  to  send  such  child  or  children  to  a 
day  school  in  which  the  common  English  branches  are 
taught.  You  are  hereby  notified  that  your  son  (or  daugh- 
ter) is  not  in  attendance  at  a  school.  There  will  be  a  meet- 
ing of  the  school  board  of ,  county  of , 

Pennsylvania,  at  the school  house  in  said  .... 

,  on  the day  of ,  19  .  .  .  ,  at  .  .  . 

o'clock  .  .  .  M.,  when  and  where  you  may  appear  if  you  so 
desire,  and  present  to  said  school  board  satisfactory  evidence 
showing  such  child  or  children  is  or  are  prevented  from  at- 
tendance upon  school  or  application  to  study  by  mental, 
physical  or  other  urgent  reason. 

You  are  further  notified  that  after  service  of  this  notice 
upon  you,  if  the  same  child  is  absent  from  school  three  days, 
or  their  equivalent  in  time,  during  the  remaining  period  01 
compulsory  attendance,  without  excuse,  as  provided  by  law, 


FORMS  461 

you  will  be  liable  to  have  imposed  upon  you  the  penalties 
as  provided  by  the  above  named  act. 

By  order  of  the  board  of  directors. 

,  President 

Attest : 

,  Secretary. 

Service  of  Summons. 

963- 

And  now, ,  19  .  .  .  ,  service  of  the  above 

notice  was  made  upon '....,  by  reading  and 

making  known  to  him  (or  her)  the  contents  thereof,  and  by 
handing  to  him  (or  her)  a  true  and  attested  copy  of  the  same. 


Petition  to  assess  damages  for  a  school  house  lot.    Act  April  9, 
1867,  P.  L.  51. 

964. 

To  the  Honorable  the  Judges  of  the  Court  of  Common  Pleas 
of County,  Pennsylvania : 

The  petition  of  the  school  district  of  the  township  of 

(or  of  the  owners  of  the  land),  respectfully 

represents  : 

That  the  board  of  directors  of  said  district  have  been 
unable  to  procure  an  eligible  site  for  the  erection  of  a  school 
house  as  they  have  deemed  expedient  by  agreement  with 
owners  of  the  land,  and  have  on  behalf  of  said  district  en- 
tered upon  and  occupied  a  certain  piece  of  land,  the  property 

of ,  in  said  township  of ,  which 

they  have  designed  and  marked  off  as  follows  (describe  the 

land),  and  which  contains ,  more 

or  less,  for  the  purpose  of  erecting  thereon  a  school  house, 
with  its  necessary  and  convenient  appurtenances  :  The  peti- 
tioners therefore  pray  the  Court  to  appoint  a  jury  of  viewers, 
consisting  of  three  discreet  and  disinterested  citizens  of  said 
county,  who  shall  not  be  owners  of  property  or  residents  in 
said  school  district,  and  who,  having  been  duly  sworn  or 
affirmed,  faithfully,  justly  and  impartially  to  decide  and  a 
true  report  to  make  concerning  all  matters  and  things  sub- 
mitted to  them,  and  having  viewed  the  premises,  shall 
establish  and  determine  the  quantity  and  value  of  the  land 


462  COMMON  SCHOOL   LAW 

so  taken  to  be  used  for  the  purposes  aforesaid,  and  after 
having  made  a  fair  and  just  computation  of  the  advantages 
and  disadvantages,  shall  estimate  and  determine  whether 
any,  and  if  any,  what  amount  of  damage  has  been  or  may 
be  sustained,  and  to  whom  payable,  and  make  report  there- 
of to  this  Court. 

And  they  will  ever  pray,  etc. 

,  President. 

Attest : 

,  Secretary. 

(Affidavit  of  the  trust  of  petition  to  be  appended). 

Note — It  is  not  necessary  that  the  report  of  viewers  in  proceedings 
under  act  April  9,  1867,  P.  L.  51,  be  signed  by  all  the  viewers,  a  majority 
being  sufficient. 

See  School  Sites,  Sec.  303,  307. 


Acts  of  Assembly  Cited. 


(The   references   are   to  pages.) 

1818 

PAGE 

Mar.     3,  P.  L.  124.  County   of    Philadelphia,    I 

1834 

April  15,  P.  L.  509,  Sec.    21.  Tax   collector,    193 

"       15,  P.  L.  509,     "       45.  Unpaid   tax,    IQ3 

15,  P.  L.  537,     "       50.  Auditors,    203 

"      15,  P.  L.  537,     "       51-  Attendance  of  witnesses,   203 

"       15,  P.  L.  538,     "      104.  Vacancy,     19° 

"       15,  P.  L.  537,     "      105.  Witnesses, 203 

1841 
May     15,  P.  L.  393,  Sec.      3.  Fraudulent    assessment,     189 

1843 
April  11,  P.  L.  517,  Sec.      3.  Recovery  of   unpaid  tax,    193. 

1854 

May      8,  P.  L.  617,  Sec.       i.  School    system,     r 

"        8,  P.  L.  617,  ''         2.  Consolidated    districts,    3 

"        8,  P.  L.  617,  "         3.  Independent  districts, 4 

"        8,  P.  L.  617,  "  4.  Vacancies  of  County  Superintendent,  335 

8,  P.  L.  618,  "'         6.  Elections,    34 

8,  P.  L.  618,  "         7,  Vacancies,    35 

8,  P.  L.  618,  "         8.  Appointments,    58 

"        8,  P.  L.  617,  "         9.  Removal   of   directors,    65 

"        8,  P.  L.  619,  "       10.  Exemption  of  directors,   41 

8,  P.  L.  619,  ''        12.  Officers   of   board,    45 

8,  P.  L.  619,  "        13.  Duties  of  officers,  48 

"        8,  P.  L.  619,  "        14.  Duties   of   secretary,    50 

"        8,  P.  L.  626,  "       15.  Pro  tempore  officers,    63 

"        8,  P.  L.  620,  "       16.  Bond   of   treasurer,    52 

"        8,  P.  L.  620,  "        17.  Meetings, 57 

"        8,  P.  L.  617,  "        1 8.  Real    estate,     21,22 

"        8,  P.  L.  621,  "       19.  Deeds,  23 

"        8,  P.  L.  622,  "       20.  Suits,    23 

"        8,  P.  L.  617,  "       21.  Execution,    24,432 

"        8,  P.  L.  617,  "  22.  Conveyance  of  real  estate,  22,  74,  77,  78, 

86,  89,  108,  no,  115,  129,  224 

463 


464  ACTS  OF  ASSEMBLY  CITED 

(The   references   are   to -pages.) 

May     8,  P.  L.  617,  "       23.  Grades  of  teachers,  249,  255,  294 

"        8,  P.  L.  617,  "       25.  Series   of   text   books,    320 

"        8,  P.  L.  617,  "       26.  Agents,     326 

"        8,  P.  L.  617,  "       27.  Monthly    reports,    255 

"        8,  P.  L.  617,  "       28.  Amount  of  tax,    168 

"        8,  P.  L.  617,  "       29.  Adjusted  valuation,   '. 174 

"        8,  P.  L.  617,  "       30.  Tax  levy.     Votes.     Minutes,   172 

"        8,  P.  L.  617,  "       31.  Exonerations,    177,   194 

8,  P.  L.  617,  "       33.  Special   tax,    179 

"        8,  P.  L.  617,  "  36.  Warrant  for  state  appropriation,   ....366 

"        8,  P.  L.  617,  "  37.  County   superintendent.     Visiting 

schools,   351 

8,  P.  L.  625,  "       38.  Branches,  1 08,  340,  350 

"        8,  P.  L.  617,  "  39.  Election  of  county  superintendent,  332,  335 

"        8,  P.  L.  617,  "       41.  Tea-chers 340,344 

"        8,  P.  L.  617,  "       43.  Notice   of   election,    333 

"        8,  P.  L.  617,  "  44.  Duties  of  county  superintendent,   . . .  .433 

"        8,  P.  L.  617,  "  46.  Removal     of    county     superintendent, 

352,  357,  358 

"        8,  P.  L.  617,  "  47.  Commissioners'  neglect  of  duty,  359,  362 

8,  P.  L.  617,  "      48.  Errors,    359 

8,  P.  L.  629,  "       51.  Evidence,   26 

8,  P.  L.  617,  "       52,    Acts,    428 

"      18,  P.  L.  629,  "       49.  Duty  of   commissioners,    15 

1855 

May  8,  P.  L.  509,  Sec.      i.  Independent  district,    428 

"  8,  P.  L.  509,  "         2.  Proceedings,    429 

"  8,  P.  L.  509,  "         3.  Duties  of  assessors,  431 

8,  P.  L.  509,  "        4-  Election,    431 

•"  8,  P.  L.  509,  "  5.  Formation.     Independent  districts,  4,  432 

"'  8,  P.  L.  509,  "         6.  Proceedings 432 

•"  8,  P.  L.  509,  ':         7.  County    commissioners, 188,    433 

"  8,  P.  L.  511,  "       10.  Election  of  assessors, 2 

"  8,  P.  L.  509,  "       n.  Limitation  of  tax,    174 

1856 

April  18,  P.  L.  410.  Taxes,    173 

1857 

April  18,  P.L.  263,  Sec.  I.  Appointment    of    state    superintendent, 

Vacancies, 355,  356 

"      18,  P.L.  263,    "         3.  Powers  and  duties,   357 

May    20,  P.L.  581,    "         I.  Normal    schools,    393 

"      20,  P.L.  581,    "         2.  Number  of  schools 394 

"      20,  P.  L.  581,     "         3.  Management,    395 

"      20,  P.  L.  581,    "         4.  Boards    of   trustees,    395 


ACTS    OF   ASSEMBLY    CITED  465 

(The   references   are   to   pages.) 

May  20,  P.  L.  851,  "         5.  Reports.     Visitation,   395 

"  20,  P.  L.  581,  "         6.  Art.  i.  Buildings,    396 

"  20,  P.  L.  581,  "         6.  Art.  2   Refectories,    .396 

"  20,  P.  L.  581,  "         6.  Art.  3.  Libraries,    397 

"  20,  P.  L.  581,  "         6.  Art.  4.  Professors,    397 

"  20,  P.  L.  581,  "         6.  Art.  5.  Principal,    397 

"  20,  P.  L.  581,  "         6.  Art.  C.  Model  school,   398 

"  20,  P.  L.  581,  ''         6.  Art.  7.  Qualifications,    398 

"  20,  P.  L,  581,  "         6,  Art.  8.  Text  books,   398 

"  20,  P.  L.  581,  "         6.  Art.  9.  District  account,  398 

"  20,  P.  L.  581,  "         6,  Art.  10.  Compensation,  399 

"  20,  P.  L.  581,  "         6,  Art.  ii.  Admission  of  teachers,   400 

"  20,  P.  L,.  581,  "         6,  Art  iz.  Examination,    400,    401 

"  20,  P.  L.  581,  "         7.  Privileges — Special,    401 

"  20,  P.  L.  581,  "         8.  Proceedings — Visitation,    402 

"  20,  P.  L.  581,  "         9.  Graduation — Certificates,    402,   403 

"  20,  P.  L.  581,  "       10.  Issuing  of  certificates,  403 

"  20,  P.  L.  581,  "       ii.  Provisional    certificates,    405 

"  20,  P.  L.  581,  "       12.  Duties  of  graduates,   405 

"  20,  P.  L,  581,  "       13.  Duty  of   superintendent,    405 

"  21,  P.  L.  631,  "         i.  Auditors,    202,    207 

i8S9 

April    3,  P.  L.  Municipal  corporation,   9 

"      15,  P.  L.  680,  Sec.     i.  Normal  schools,   406 

"      15,  P.  L.  680,    "         2.  Requisites,   406 

1860 

Mar.   31,  P.  L.  382,  Sec.  66.  Void  contracts,   139,  418 

1862 

April  ii,  P.  L.  471,  "  Purpose  of  act, 33 

"  n,  P.  L.  471,  "  2.  Vacancies,  34,'  37,  38 

"  1 1,  P.  L.  471,  *'  3.  Meetings, 57 

"  1 1,  P.  L.  471,  "  4.  Secretary, .52,  62,  176 

"  n,  P.  L.  471,  "  7-  Tax  on  trust  property, : 177 

"  n,  P.  L.  471,  "  9-  Independent  districts, 33,  455 

"  ii,  P.  L.  473,  "  10.  Alteration,  7 

"  n,  P.  L.  474,  "  ii.  Division  of  property,  10 

"  ii,  P.  L.  474,  "  13-  Judgment,  ' 197 

"  n,  P.  L.  471,  "  14.  Oath  of  office,  332 

"  ii,  P.  L.  475,  "  IS-  Trustees,  : 395 

May  n,  P.  L.  475,  "        17.  Interest,    326 

1863 

April  17,  P.  L.     62,  Sec.     2.  Special  meetings, 60 

"      22,  P.  L.  523,     "         i.  Organization, .43,  47,  51 


466  ACTS   OF  ASSEMBLY   CITED 

(The    references   are    to   pages.) 
1864 

May      5,  P.  L.  826,  Sec.     i.  District   libraries,    210 

5,  P.  L.  826,  '          2.  Purchase  of  books,  211 

"        5,  P.  L.  826,  "         3.  Larceny  of  books,  211 

"        5,  P.  L.  826,  "         4.  Use  of  books,    212 

"        5,  P.  L.  826,  "        5.  Rules  and   regulations,    212 

"        5,  P.  L.  826,  "        6.  Librarian,    212 

"        5,  P.  L.  826,  "        7.  Duties  of  directors,    213 

5,  P.  L.  826,  "        8.  Books 213 

"        5,  P.  L.  826,  "        9.  Ownership,     214 

"        5,  P.  L.  826,  "       10.  Free    library,    214 


April  17,  P.  L.    60,  Sec.      i.  Improvement  of  teachers,  223 

"       17,  P.  L.    61,     "         i.  Number  of  taxables,  359,  364 

"       17,  P.  L.     62,     "         i.  Certification  of  new  districts,    15 

"       17,  P.  L.     62,     "        3.  School    months,     49,    224 

"       17,  P.  L.     62,     "         4.  Officers    of   convention,    333 

1866 

April  II,  P.  L.     73,  Sec.  16.  Allowance   to   normal   graduates,    ....408 

May    27,  P.  L.    88,  Election   of  county   superintendents,.  .332 

1867 

April    9,  P.  L.    51,  Report  of  viewers, 122,  123 

"        9,  P.  L.     51,  Sec.     2.  Teachers'    Institutes,    315 

"        9,  P.  L.     Si,     "         3.  Attendance — contribution,    315,    316 

"        9,  P.  L.     51,     "         4.  Institute    accounts,     318 

"        9,  P.  L.     51.    "         5-  Adjustment,    318 

9,  P.  L.     51,     '  7.  City  and  borough  superintendents,    .  .327 

"        9,  P.  L.    51,    "         8.  Certificate  of  election,  328 

9,  P.  L.     53,     "         9.  Authority,     329 

9,  P.  L.     51,     '         10.  Duties  of   superintendents 328 

9,  P.  L.     55,     '         ii.  Qualifications 240,  241 

9,  P.  L.     55,     "        12.  Provisional  certificate,   247,  248 

9,  P.  L.     55,     "        13-  County    superintendent,     335 

1868 

April    9,  P.  L.     /6,  Sec.      I.  State  appropriation,    365 

1871 

April  21,  P.  L.  241,  Bonds,    ' 155 

May    26,  P.  L.  280,  Sec.      I.  Change  of  text  books,  323 

"      26,  P.  L.  280,    "         2.  Penalty,    323 


ACTS    OF    ASSEMBLY    CITED  467 

(The   references   are   to   pages.) 
1872 

Feb.     10,  P.  L.  100,  Preambles,     .........................  423 

"      15,  P.  L.     16,  Sec.      i.  State    trustees,    .....................  407 

1873 
April     7,  P.  L.     64,  Indebtedness,    .......................  156 

1874 

April  20,  P.  L.    65,  Sec.  2.  Increase  of  indebtedness,    ...........  147 

"  20,  P.  L.     65  "  3.  Notice  of  election,    ..................  150 

"  20,  P.  L.    65,  "  4.  Result  of  election,   ..................  151 

"  20,  P.  L.    65,  "  5.  Definition  of  indebtedness,   ..........  146 

"  20,  P.  L.    65,  "  6.  Statement   of   indebtedness,    .........  147 

"  24,  P.  L.  112,  "  I.  Meeting  of  auditors,   ..........  .  .....  203 

"  24,  P.  L.  112,  "  2.  Report   of   auditors,    ................  206 

"  24,  P.  L.  1  12,  "  3.  Penalty,  ............................  207 

May  8,  P.  L.  120,  "  I.  Normal  school  district,    .............  304 

"  15,  P.  L.  187,  "  7.  Incompatibility  of  officers  ...........  41 

"  15,  P.  L.  187,  "  12.  Legal   residence,    ....................  40 

"  23,  P.  L.  254,  "  41.  Convcyeance   of   real   estate,    ........  368 

"  23,  P.  L.  256,  "  42.  City    Treasurer,    ....................  388 

"  23,  P.  L.  230,  "  43.  Taxes  in  cities  of  third  class,  ........  200 

"  23,  P.  L.  256,  "  44.  Sinking  fund,  .......................  390 

June  13,  P.  L.  284,  "  I.  Levy  of  tax  —  building  tax,  .......  15,  180 


April  12,  P.  L.  43,  Sec.  I.  Trustees  and  their  powers,   ..........  408 

"  12,  P.  L.  43,     "  2.  Election,     ...........................  409 

"  12,  P.  L.  43,     "  3.  State    trust«es,    .....................  409 

"  12,  P.  L.  43,     "  4.  First  election  and  appointment,  ......  409 

"  12,  P.  L.  43,     "  5-  Quorum,     ...........................  409 

"  12,  P.  L.  43,     "  6.  Classes  of  trustees,    .................  410 

"  12,  P.  L.  43,     "  7.  Distribution   of   state   funds,    ........  410 

"  12,  P.  L.  43,     "  8.  Limitation  of  indebtedness,    .........  411 

"  12,  P.  L.  43,     "  9.  Number  of  votes,    ..................  404 

"  12,  P.  L.  43,    "  10.  Course   of   study,    ...................  397 

1876 

April  12,  P.  L.  46,  Sec.  I.  Friendless   children,    .................  80 

"  12,  P.  L.  46,     "  2.  Commissioners,    .....................  81 

"  12,  P.  L.  46,     "  3.  Appointment  of  trustees,   ............  81 

"  12,  P.  L.  46,     "  4.  Admission  of  children,   ..............  82 

"  12,  P.  L.  46,     "  5.  Visitors  of  institutions,    .............  82 

"  12,  P.  L.  46,    "  6.  Teachers  ............................  82 

"  17,  P.  L.  38,     "  Annexation  of  land,  ..............  12,  14 


ACTS  OF  ASSEMBLY  CITED 
(The   references   are   to   pages.) 

May      i,  P.  L.  91,  '*         i.  Annual    statement,    205 

"        8,  P.  L.  128,                    Indebtedness,    153 

8,  P.  L.  138,  "         i.  Blind    children,    79,    320 

"        8,  P.  L.  157,  "         i.  Deaf  mute- children,   79 

8,  P.  L.  157,  "         2.  Expenses,    79 

"       8,  P.  L.  179,  "         i.  Officers,    41 

1877 
Mar.   24,  P.  L.    37,  Sec.     I.  Meeting  of  board  of  trustees,  410 

1878 

April  12,  P,  L.  13,  Sec.      I.  State  appropriation,    365 

"      12,  P.  L.  17,  Cornplanter  Indians,   423 

May      3,  P.  L.  44,    "         I.  Text  books,    324 

"        3,  P.  L.  44,    "         2.  Price  list  of  books,    324 

3,  P.L.  44,     "         3-  Contracts,    324 

3,  P.  L.  44,    "         4-  Penalty,    '. 325 

1879 

June     4,  P.L.    89,  Sec.     I.  Normal    schools,     420 

"        4,  P.  L.    89,    "         2.  Auditor  general,   421 

"        4,  P.  L..    89,    "         3.  Purchase   money,    421 

1881 

May  10,  P.L.  16,  Sec.  i.  Redemption  of  bonds,  152 

"  24,  P.L.  29,  "  i.  Sub-school  districts,  379 

"  24,  P.  L.  29,  "  2.  Directors  of  independent  districts,  .  .4, 34 

June  7,  P.L.  50,  "  2.  Report  of  superintendent,  318 

"  8,  P.L.  69,  "  i.  Decree  of  court,  13 

"  8,  P.  L.  76,  "  i.  No  race  -distinction,  75 

"  10,  P.  L.  116,  "  i.  Teachers,  93 

"  10,  P.L.  116,  "  2.  School  term 94 

"  10,  P.  L.  119,  "  i.  Contract, 425,  426 

"  10,  P.  L.  119,  "  2.  Bond  of  trustee,  427,  428 

1883 

May    22,  P.  L.    37,  Sec.  I.  Evening    schools,    103 

22,  P.  L.     37,  "  2.  Employment  of  teachers,   103 

22,  P.  L.    37,  "  3-  Qualification  of  teachers,    104 

"      22,  P.L.    37,  "  4.  Expenses, 104 

"      22,  P.  L.    37,  "  S-  Evening  high  school,    104 

"      22,  P.  L.     37,  "  6.  Admittance,     104 

"      22,  P.  L.    37,  "  8.  Procedure,    104 

"      22,  P.  L.    37,  "  9.  Act  to  take  effect, 105 

June   22,  P.  L.  156,  '  i.  Examination — Permanent     certificates,  248 

22,  P.L.  156,  "  2.  Issuing   certificates, 249 


ACTS    OF    ASSEMBLY    CITED  469 
(The   references   are   to   pages.) 
1885 

April  2,  P.  L.  7,  Sec.  I.  Branches,  108,  340,  349 

"  2,  P.  L.  7,  "  2.  Physiology  and  hygiene,  349 

"  2,  P.  L.  7,  "  3.  Examination  of  teachers, 246,247 

May      7,  P.  L.     15,    "  i.  City  and  borough  superintendents,  ...327 

June  3,  P.  L.  68,  "  i.  Fire  escapes,  132 

"  3,  P.  L.  68,  "  2.  Approval  of  fire  escapes,  133 

3,  P.  L.  68,  "  3.  Criminal  liability,  133 

"  3,  P.  L.  71,  "  i.  Insurance  money,  421 

"  3,  P.  L.  71,  "  2.  Investment  of  insurance  money,  ....421 

"  3,  P.  L.  72,  Embezzlement,  196 

"  II,  P.  L.  108,  "  I.  Secretary,  386 

"  n,  P.  L.  108,  "  2.  Misdemeanor,  387 

"  24,  P.  L.  162,  "  i.  Appeal,  208 

"  25,  P.  L.  173,  "  i.  Penalty,  316 

"  25,  P.  L.  173,  "  2.  Accounts,  326 

"  25,  P.  L.  175,  "  i.  Terms  of  employment,  250 

"  25.  P.  L.  176,  "  2.  School  month,  224,  225 

"  25,  P.  L.  187,  Constitutional,  200 

"  25,  P.  L.  187,  "  2.  Vacancy,  190 

"  25,  P.  L.  187,  "  3.  Bond  of  tax  collector,  191 

"  25,  P.  L.  187,  "  4.  Issuing  of  duplicates,  191 

"  25,  P.  L.  187,  "  5.  Powers  and  liabilities  of  tax  collector,  191 

"  25,  P.  L.  187,  "  6.  Books,  191 

"  25,  P.  L.  187,  "  7.  Notice,  192 

"  25,  P.  L.  187,  "  8.  Payment,  193 

"  25,  P.  L.  187,  "  10.  Exonerations,  194 

"  25,  P.  L.  187,  "  ii.  Accounts,  198 

"  25,  P.  L.  187,  "  12.  Unseated  lands,  199 

"  25,  P.  L.  187,  "  13.  Repeal,  199 

July      7,  P.  L.  263,  Preambles,     423 

1887 

April  13,  P.  L.  20,  Sec.  i.  Teachers — Institute,  316 

"  13,  P.  L.  20,  '  2.  School  district,  317 

13,  P.  L.  20,  "  3.  Per  diem  compensation,  317 

May  24,  P.  L.  196,  "  9.  City  and  borough  superintendent,  ...329 

"  25,  P.  L.  271,  "  i.  Indigent  pupils,  80 

June     i, -P.  L.  285,  Appointment  of  auditor,   163 

1889 

April    4,  P.  L.     25,  Sec.      I.  County  land,   123 

"        4,  P.  L.     25,  "         2.  Damages,     123 

"        4,  P.  L.    25,  "         3.  Viewers,     124 

May      4,  P.  L.    86,  "         I.  Compensation,    207 

May      7,  P.  L.  no,    "         i.  Teachers,     105 

"      13,  P.  L.  195,  "         i.  Directors,     ...    3 

"      23,  P.  L.  274,  Repeal,    386 


47O  ACTS   OF  ASSEMBLY   CITED 
(The   references   are   to  pages.) 
1891 

April  16,  P.  L.  22,  Sec.  I.  Controller,  388 

"  18,  P.  L.  32  "  i.  Oath,  45 

May  23,  P.  L.  114,  "  I.  Appropriation,  366 

"  23,  P.  L.  1 14,  "  2.  Distribution,  366 

June  2,  P.  L.  172,  Proceedings,  14 

"  2,  P.  L.  175,  "  2.  Compensation, 194 

"  8,  P.  L.  ^28,  "  I.  County  Commissioners,  352 

"  9,  P.  L.  252,  Statement,  150 

"  16,  P.  L.  306,  "  I.  Cities 381,  382,  383,  384,  385 

"  16,  P.  L,  306,  "  2.  Repeal,  386 

"  20,  P.  L.  578,  "  I.  City  treasurer,  389 

1893 

April  18,  P.  L.  23,  Children  of  soldiers,  83 

"  26,  P.  L.  24,  Sec.  I.  Compensation,  351 

"  26,  P.  L.  24,  "  2.  Removal 351 

May  10,  P.  L.  34,  "  i.  Cities  of  second  class,  379 

10,  P.  L.  34,  '•  2.  Repeal,  379 

"  10,  P.  L.  39,  "  i.  Certificates, 252 

"  10,  P.  L.  39,  '  2.  Applications, 252 

"  10,  P.  L.  41,  "  i.  Auditors,  202 

"  10,  P.  L.  41,  "  2.  Duties,  203 

"  10,  P.  L.  41,  "  3.  Compensation,  203 

"  26,  P.  L.  146,  "  i.  High  schools,  92 

"  26,  P.  L.  146,  "  2.  Admission,  93 

"  26,  P.  L.  146,  "  3.  Supervision,  93 

"  26,  P.  L.  146,  "  4.  Visitation,  93 

"  26,  P.  L.  146,  "  5.  Branches,  93 

"  26,  P.  L.  146,  "  6.  Teachers 93 

"  26,  P.  L.  146,  "  7.  Term,  94 

"  26,  P.  L.  146,  "  8.  Real  Estate,  94 

"  26,  P.  L.  146,  "  9.  Grounds  and  buildings,  94 

"  26,  P.  L.  146,  "'  10.  Site,  94 

"  26,  P.  L.  146,  "  ii.  Tax, 96 

"  26,  P.  L.  146,  "  12.  Bonds,  96 

"  31,  P.  L.  188,  Holidays 225 

June  6,  P.  L.  333,  Fraudulent  assessment,  189 

"  6,  P.  L.  339,  "  i.  Water  closets,  134 

"  6,  P.  L.  339,  "  2.  Directors, 134 

"  6,  P.  L.  342,  "  2.  Viewers 125 

"  6,  P.  L.  342,  "  3.  Appeal,  126 

"  6,  P.  L.  330,  "  i.  Removal  of  directors,  67 

6,  P.  L.  330,  "  2.  Rule,  68 

i895 

April  10,  P.  L.  124,  Cornplanter  Indians,    423 

"      18,  P.  L.    36,  Indebtedness,    151 

"      23,  P.  L.    41,  Sec.      I.  Normal    schools,    400 


ACTS    OF    ASSEMBLY    CITED  471 
(The   references   are   to   pages.) 

April  23,  P.  L.    41,  "         2.  Expenses,    400 

"  23,  P.  L.    41,  "         3.  Repeal,    400 

May  1 6,  P.  L.     72,                   Compulsory  school  law,  234 

June  18,  P.  L.  203,  "       n.  Children,     286 

"  18,  P.  L.  203,  "        12.  Period  of  exclusion,    287 

"  18,  P.  L.  203,  "        13.  Principal,     287 

"  18,  P.  L.  203,  "        14.  Penalty,    295 

"  18,  P.  L.  203,  "       21.  Imprisonment,    295 

"  23,  P.  L.  239,  "         i.  Separate   school   district,    383 

"  24,  P.  L.  245,  "         i.  Water   supply,    138 

"  24,  P.  L.  245,  "         2.  Audited,     138 

"  24,  P.  L.  245,  "         3.  Auditors, 138 

"  24,  P.  L.  254,  "         i.  Waste  matter,    135 " 

"  24,  P.  L.  254,  "         2.  Duty  of  president,   135 

"  24,  P.  L.  259,                    Indebtedness,    144 

"  24,  P.  L.  259,  "         i.  New  district,    14 

"  24,  P.  L.  259,  "         2.  Merger  of  township,   14 

"  24,  P.  L.  259,  *'         3.  Court    apportion    indebtedness,    16 

"  24,  P.  L.  259,  "         4.  Claims,    18 

"  24,  P.  L.  259,  "         5.  Collection,     19 

"  24,  P.  L.  259,  "         6.  Receiver,    19 

"  24,  P.  L.  259,  "         7.  Credits,     19 

"  24,  P.  L.  259,  "         8.  Decrees,     20 

"  24,  P.  L.  259,  "         9.  Boroughs,    20 

"  24,  P.  L.  259,  "       10.  Repeal,    20 

24,  P.  L.  413,  ''         4.  Appropriations,    97 

"  24,  P.  L.  413,  "         5-  Teachers,     98 

"  24,  P.  L.  413,  "         6.  Statements,    98 

"  25,  P.  L.  275,  "         i.  School  districts  of  third  class, 6 

"  25,  P.  L.  275,  "         2.  Cities,    381 

"  25,  P.  L.  284,                   Oath  of  office,   45 

"  25,  P.  L.  284,  "         i.  Controllers,     388 

"  25,  P.  L.  284,  "         2.  Secretary,     388 

"  25,  P.  L.  291,  "         i.  Burial    places,    124 

"  25,  P.  L.  291,  "         4.  Procedure,     127 

"  26,  P.  L.  331,  "         i.  School    grounds,    130 

"  26,  P.  L.  331,  "         2.  Protection,     131 

"  26,  P.  L.  331,  "         3.  Use  of  grounds,   131 

"  26,  P.  L.  324,  "         i.  Stenographer,    360 

"  27,  P.  L.  395,  "         i.  Sectarianism,    276 

"  27,  P.  L.  395,  "         2.  Penalty,    276 

"  28,  P.  L.  413,                   Teachers  of  townships,    250 

"  28,  P.  L.  411,                   Library,    216 

"  28,  P.  L.  411,  "         I.  Library,*    214 

"  28,  P.  L.  411,  "         2.  May  use  school  house,  215 

"  28,  P.  L.  41 1,  "         3.  Taxation,     215 

"  28,  P.  L.  411,  "         4.  Library    trustees,    221 

"•  28,  P.  L.  411,  "         5.  Supervision,    222 

"  28,  P.  L.  411,  "         6.  Gifts,    215 


472  ACTS   OF  ASSEMBLY    CITED 
(The   references   are   to  pages.) 

June  28,  P.  L.  411,  "  7.  High  school,  99 

"  28,  P.  L.  413,  "  I.  Joint  high  school,  97 

"  28,  P.  L.  413,  "  2.  Directors,  97 

"  28,  P.  L.  413,  "  3.  Grades  of  high  school,  97 

"  28,  P.  L.  413,  "  7.  Teachers,  99 

"  28,  P.  L.  413,  "  8.  Course  of  study 99 

"  28,  P.  L.  413,  "  9.  Permanent  certificate,  248 

July      3,  P.  L.  544,  Preambles, 423 

1897 

Mar.    ii,  P.  L.    53,  Sec.     I.  Limitation   of   indebtedness,    152 

"      30,  P.  L.     10,  "         I.  Aid    to    libraries,    219 

"      30,  P.  L.     10,  "         2.  Report    of    manager,     219 

April  13,  P.  L.     17,  Manner  of  increasing  debt,  147 

"      29,  P.  L.     54,  "         I.  Public   documents,    360 

"      29,  P.  L.     54,  '          2.  Distribution  of  documents,   360 

May     12,  P.  L.     55,  "         I.  Independent    districts,     435 

"      19,  P.  L.    76,  Bonds  validated,   154 

"      19,  P.  L.    76,  "         i.  School   houses,    131 

"      25,  P.  L.    84,  "         I.  Free   libraries, 220 

"      25,  P.  L.    84,  "         2.  Appropriation, 221 

"      25,  P.  L.    85,  "         i.  Cities  of  third  class,  189 

"      25,  P.  L.    85,  "         2.  Assessment,    189 

"      25,  P.  L.    85,  "        3.  Repeal,    390 

"      26,  P.  L.    94,  Special   tax,    179 

June     7,  P.  L.  130,  "         i.  Text  books,    323 

"       10,  P.  L.  139,  "         i.  Validate    indebtedness,    158 

"      10,  P.  L.  139,  "         2.  Notice,    158 

"      10,  P.  L.  139,  '"'         3.  Tax  to  pay,  debt,  160 

"      10,  P.  L.  139,  "         4.  Bonds,    160 

"      10,  P.  L.  139,  '          5-  Act,    160 

"      10,  P.  L.  139,  "        6.  Repeal,    160 

"      14,  P.  L.  149,  "         2.  Parent  or  guardian,  84,85 

"      22,  P.  L.  181,  "         i.  Transportation  of  children,    87,88 

"      22,  P.  L    181,  "         2.  Expenses,     88,89 

"      23,  P.  L.  188,  "         i.  Legal   holidays 225 

23,  P.  L.  193,  "         i.  Stenography  and  typewriting,    262 

July      9,  P.  L.  216,  "         i.  School    directors,    37 

"        9,  P.  L.  233,  "         i.  United  States  flag, 132 

12,  P.  L.  248,  Private   teachers,    234 

15,  P.  L.  271,  "         i.  Appropriation,    361 

15,  P.  L.  271,  "         2.  Basis  of  distribution,  361 

"      15,  P.  L.  271,  "         3.  Taxables, 362 

"      15,  P.  L.  271,  "         4.  Duties  of  board,   362 

"      15,  P.  L.  271,  "         5.  Assessors,  362,363 

15,  P.  L.  271,  '          6.  Enumeration  and  enrollment,    363 

"      15,  P.  L.  271,  "         7.  Penalty,    363 

"      15,  P.  L.  271,  "         8.  Blanks,   363 

"      15,  P.  L.  271,  "         9.  Repeal,    364 


ACTS    OF    ASSEMBLY    CITED  473 
(The  references   are   to   pages.) 

July    22,  P.  L.  402,  Preambles,  423 

"      22,  P.  L.  305,    "         i.  Per  capita  tax,    175 

"      22,  P.  L.  305,    "        2.  Collection,   175 

"      22,  P.  L.  305,    "         3.  Purpose  of  per  capita  tax,  175 

1899 

Mar.  18,  P.  L.  n,  Sec.  i.  Triennial  convention,  351 

"  18,  P.  L.  i,  "  2.  Misdemeanor,  352 

April  4,  P.  L.  31,  School  term,  49,  223 

"  n,  P.  L.  38,  "  i.  Township  school  boards,  300 

"  11,  P.  L.  658,  "  2.  Misdemeanor,  229,230 

"  n,  P.  L.  658,  "  3.  Attendance  officers 230, 231 

"  1 1,  P.  L.  38,  '•'  2.  Nuisances,  300 

"  n,  P.  L.  38,  "  3.  Sanitary  agent,  300 

"  19,  P.  L.  64,  Duty  of  assessors,  362,  363 

1901 

Mar.     8,  P.  L.    49,  Sec.     i.  Branches, 108,109 

"        8,  P.  L.    49,    "         2.  Physical  culture,  110,246 

"      22,  P.  L.    55.  Orphans  and  friendless  children,   ....  83 

April  n,  P.  L.    78,    "  i.  School    houses    for   literary   purposes, 

132, 277 

"      23,  P.  L.     93,  Free  kindergartens, 77 

"      25,  P.  L.  105,     "         i.  Centralization,    99 

"      25,  P.  L.  105,     "         2.  School  board,  99 

"      25,  P.  L.  105,    "         3.  Elections  and  ballots,   100 

"      25,  P.  L.  105,     "         4.  Issuing  of  bonds, 100,157 

"      25,  P.  L.  105,     "  5.  As  amended  by  June  26,  1901,  P.  L.  600. 

Instruction  and  transportation  of  pupils,  100 

May     n,  P.  L,.  169,     "  i.  Private  (property  for  library  purposes,  216 

"      n,  P.  L.  169,    "        2.  Damages.     Viewers,   etc.,    217 

"      II,  P.  L.  169,    '          3.  Duty  of  viewers, 217 

"      II,  P.  L.  169,     "         4.  Trial    by    jury, 218 

"      n,  P.  L.  176,    "         i.  Manual   training  of  children, 107 

".     II,  P.  L.  179,  Distribution  of   library,    . .- 216 

"       n,  P.  L.  180,     "         i.  Library    trustees,    V 221 

"      II,  P.  L.  183,     "         i.  Monthly    report,    255 

II,  P.  L.  183,     "  2.  Limitation  of  provisions  of  the  act,.  .255 

"    n,  P.  L.  183,     "         3.  Annulment,     255 

"      li,  P.  L.  185,     "         i.  Exceptions,    209 

17,  P.  L.  262,  Salary  of  county  superintendent,    ....234 

21,  P.  L.  269,  Qualifications, 246 

"      22,  P.  L.  290,    "         I.  Bonded  indebtedness,    411 

22,  P.  L.  290,     '          2.  Bonds  and  mortgages,   411, 412 

29,  P.  L.  319,  Subjects  not  taxable,    176 

June     4,  P.  L.  364,     "         2.  Lien  of  taxes, 187 

4,  P.  L.  364,    "       10.  Claims, 187 

"      20,  P.  L.  578,    "         i.  Treasurers, 200 


474  ACTS  OF   ASSEMBLY   CITED 
(The   references   are   to   pages.) 

June  20,  P.  L.  578,  "  3.  Levying  taxes,  201 

"  20,  P.  L.  578,  "  8.  School  taxes  to  be  collected, 201 

"  25,  P.  L.  598,  "  i.  Supervising  principals,  329 

"  25,  P.  L.  598,  "  2.  Duties  of  principal,  329 

"  26,  P.  L.  600,  Instruction  and  transportation  of  pupils.ioo 

July  10,  P.  L.  632,  "  I.  School  grounds,  412 

"  10,  P.  L.  632,  "  2.  Viewers,  '. 413,  414 

"  10,  P.  L.  632,  "  3.  Costs,  414 

"  n,  P.  L.  658,  "  I.  Parents,  guardians,  etc.,  227,228 

"  n,  P.  L.  658,  "  4.  List  of  children,  etc.,  232 

'•  n,  P.  L.  658,  "  5.  Report  of  teacher,  233 

"  1 1,  P.  L.  658,  '"'  6.  Misdemeanor,  233 

"  II,  P.  L.  658,  "  7.  Appropriation  withheld,  234 

1903 

Feb.      5,  P.  L.      4,  Sec.      i.  School  district,  9 

April    2,  P.  L.  133,  "         i.  Free  public  libraries,    222 

"        2,  P.  L.  133,  "         2.  Establish  libraries,    219 

"        2,  P.  L.  133,  "         3-  Annual    report,    . . . , 220 

"        3,  P.  L.  142,  "         i.  Enlargement  of  school  district,  n 

3,  P.  L.  153,  "         i.  Children,    101 

"       13,  P.  L.  169,  "         i.  Commission,    424 

"       13,  P.  L.  169,  "         2.  Plans,    425 

"       13,  P.  L.  169,  "         3.  Contract 425 

"       14,  P.  L.  172,  "         i.  School  directors,  trustees,  etc.,   313 

"       14,  P.  L.  172,  "         2.  Disinfect,     313 

"      14,  P.  L.  172,  "         3.  Approval   of  method,    313 

"       14,  P.  L.  172,  "         4.  School    session,    314 

"       14,  P.  L.  172,  "         5.  Appropriation,    314 

"      14,  P.  L.  172,  "         6.  Fine    for    neglect,    314 

"      21,  P.  L.  229,  "         i.  Collector  of  tax,  194 

"      21,  P.  L.  229,  "         2.  School  directors  and  collectors,   195 

"      21,  P.  L.  229,  "         3.  Misdemeanor,     196 

"      22,  P.  L.  237,  "         i.  Independent  districts,    5,436 

"      22,  P.  L.  237,  '          2.  Reversion  of  property,   436 

"      22,  P.  L.  237,  ''         3.  Application   of   act,    437 

"      22,  P.  L.  259,  '*  i.  Money  payable  to  school  districts,  ...437 

"      23,  P.  L.  271,  "         i.  Election 30,  32 

"      23,  P.  L.  271,  "         2.  Election,     30 

"      23,  P.  L.  271,  "         3.  Designation  of  ballot,  31 

"      23,  P.  L.  272,  "         4.  Vacancies,    31 

23,  P.  L.  272,  '  5.  Directors  elected   under   former  laws,  31 

23,  P.  L.  272,  '•'         6.  Appointment  by  Court 31 

23,  P.  L.  274,  "         i.  Jurisdiction    of    courts,    239 

23,  P.  L.  274,  "         2.  Action  of  the  judge,    240 

23,  P.  L.  274,  "         3.  Probation   officers,    241 

23,  P.  L.  274,  "         4.  Commitment  of  child,    241,  242 

23,  P.  L.  274,  "         5.  Guardianship,     242 

"      23,  P.  L.  274,  "         6.  Care  of  the  child,  242 


ACTS    OF    ASSEMBLY    CITED  475 
(The   references   are    to   pages.) 

April  23,  P.  L.  274,  "         7.  Jail,   police   station,   etc.,    243 

"  23,  P.  L.  274,  "         8.  Limit  of  commitment,    243 

"  23,  P.  L.  274,  "  9.  Religious    belief.       Approved      family 

home,  243 

"  23,  P.  L.  274,  "        10.  Delinquent    child,     244 

"  23,  P.  L-  274,  ''        ii.  Trials  upon  indictment,   244 

"  23,  P.  L.  285,  Institutions   receiving  state  aid,    418 

"  25,  P.  L.  314,  "  i.  Institutions    for   scientific   and    educa- 
tional instruction, 376, 380, 390 

"  25,  P.  L.  315,  "         i.  Summer   assemblies,    359 

June  6,  P.  L.  330,  "         i.  To  remove  directors, 67 

1905 

Mar.  16,  P.  L.  40,  Sec.  i.  Attending  high  school,  101 

"  24,  P.  L.  51,  "  i.  Athletics,  77,  109, 389 

"  27,  P.  L.  60,  "  i.  Branches,  108,109,246 

"  27,  P.  L.  60,  "  2.  Animals, 109 

"  27,  P.  L.  60,  "  3.  Reports,  109 

April  8,  P.  L.  120,  Assessment,  188 

"  10,  P.  L.  124,  Cornplanter  Indians,  423 

"  10,  P.  L.  131,  Children,  228 

"  10,  P.  L.  139,  "  i.  Directors,  354 

"  10,  P.  L.  139,  "  2.  Directors'  meeting,  64 

"  14,  P.  L.  169,  "  i.  Trespass,  438 

"  14,  P.  L.  169,  "  2.  Fine  and  penalty,  438 

"  14,  P.  L.  169,  "  3.  School  fund,  438 

"  20,  P.  L.  228,  "  i.  City  teacher's  institute,  319 

"  20,  P.  L.  228,'  "  2.  Rules,  376 

"  20,  P.  L.  228,  "  3.  Publicity,  377 

"  20,  P.  L.  231,  Free  libraries,  186 

"  20,  P.  L.  231,  "  3.  Taxation,  215 

"  20,  P.  L.  234,  Subject  not  taxable,  176 

"  22,  P.  L.  267,  "  i.  Cities  of  first  class,  368 

"  22,  P.  L.  267,  "  2.  Sectional  school  boards,  369 

"  22,  P.  L.  269,  "  4.  District  superintendents,  371 

"  22,  P.  L.  269,  "  5.  Teachers,  372 

"  22,  P.  L.  270,  "  6.  Teacher's  retirement  fund,  373 

"  22,  P.  L.  270,  "  7.  Buildings,  373 

"  22,  P.  L.  270,  (i  8.  Assistants,  374 

"  22,  P.  L.  271,  "  9.  Expenditures,  374 

"  22,  P.  L.  271,  "  10.  Board  of  education,  375 

"  22,  P.  L.  271,  "  ii.  Repeal,  375 

"  22,  P.  L.  282,  "  i.  School  houses,  130 

"  22,  P.  L.  282,  "  2.  Lighting,  130 

22,  P.  L.  282,  "  3.  Protection  of  property,  130 

"  22,  P.  L-  285,  Election  of  secretary,  46 

"  22,  P.  L.  296,  "  i.  Procedure,  26 

"  22,  P.  L.  296,  "  2.  Certificate,  26 

"  22,  P.  L.  297,  "  3.  Fee,  27 


476  ACTS   OF  ASSEMBLY    CITED 
(The   references   are   to  pages.) 

April  22,  P.  L.  297,  "  4.  Transcripts, 27 

"  22,  P.  L.  272,  "  I.  Cities  of  third  class,  383 

"  22,  P.  L.  272,  Fourth  class  school  district, 6 

May  4,  P.  L.  388,  Election  of  school  directors,  29 

"  ii,  P.  L.  596,  "  8.  Township  high  school,  367 


Table  of  Cases. 


(The   references   are   to   pages.) 

— A —  PAGE 

Abell  vs.  Clark,  84  Cal.  226,  294 

Allegheny  County  vs.  Shaw,  34  Pa.  301,  310 

Allegheny  County  vs.  Watt,  3  Pa.  462,   310 

Assessor's  Compensation,  17  Pa.  C.  C.  572,  237 

— B— 

Baer  vs.  Weaver,  3  Kulp  57,  205,  206 

Baker  vs.  Wilhelm,  7  Pa.  C.  C.  214,   321,  322 

Barber  vs.  Newbaker,  19  Pa.  C.  C.  664,  321 

Beaver  County  Commissioners,  14  D.  R.  491,  308 

Bitting  vs.  Commonwealth,  20  W.  N.  C.  178,  5 

Black  vs.  School  District,  16  Montg.  179,  52 

Bloomsburg  School  Directors,  121  Pa.  293,  67 

Board  of  Education  vs.  Minor,  23  Ohio  211, 285 

Board  of  Public  Education  vs.  Ransley,  209  Pa.  51, 2 

Borough  School  Directors,  29  Pa.  C.  C.  468,  33 

Borough  School  Superintendent,  13  Pa.  C.  C.  458,  339 

Boyle  vs.  Summitt  Twp.  School  District,  28  Pa.  C.  C.  351 89 

Brown  vs.  Hummel,  6  Pa.  86,  91, 344 

Brown  vs.  West  Salem  School  District,  30  Pa.  C.  C.  124, 307 

Buckwalter  vs.  Lancaster  County,  12  Pa.  Superior  Ct.  272,  190 

Burke  vs.  School  District,  28  Pa.  Superior  Ct.  16,  252,  261 

Burke  vs.  School  District,  28  Pa.  Superior  Ct.  16,  172 

Burton  vs.  Fulton,  49  Pa.  151,  266 

Butts  vs.  Howley,  5  Kulp  338,   325 

Butler  Twp.  School  District,   158  Pa.   159,   45,66 

— C— 

Cake  vs.  Philadelphia  &  Erie  R.  R.  Co.,  87  Pa.  307,  416,  417 

Cassidy  vs.  Janauechek,  7  Phila.  325,  265 

Carlisle  Boro.  School  District  vs.  Carlisle  Boro.,  II  D.  R.  294, 177 

Carlisle  School  District  vs.  Humrich,  18  Pa.  C.  C.  322, 40 

Cascade  School  District  vs.  Lewis  School  District,  43  Pa.  318,  .  ..89,  91 

Cavanaugh  vs.    Cass  School  District,  6  Pa.  C.  C.  35,  25 

Certificates  to  College  Graduates,  14  Pa.  C.  C.  108,  254 

Chalfant  vs.  Edwards,  173  Pa.  246,  29 

Chamberlain  vs.   Hartley,    152   Pa.  544,    35 

City  of  Erie  School  District  vs.  Smith,  195  Pa.  515, 387,  390 

Coal  and  Iron  Co.  vs.  Dunphy,  u  D.  R.  218,   171 

Coal  Twp.  School  Directors,  2  Pa.  J.  L.  R.  237,    307 

Commonwealth  vs.  Baker,  13  D.  R.  448,   387 

Commonwealth  vs.  Bauman,  50  P.  L.  J.   109,   294 

477 


478  TABLE   OF   CASES 

(The   references   are   to   pages.) 

Commonwealth  vs.  Board  of  Education,  187  Pa.  70,  387 

Commonwealth  vs.  Bryant,  5  Clark  78, 272 

Commonwealth  vs.  Cochran,  I  S.  &  R.  473,  121 

Commonwealth  vs.  Conewago  School  District,  18  York  125 302 

Commonwealth  vs.  Directors  Brookville  Boro.  School  District,  164 

Pa.  607, 76 

Commonwealth  vs.  Ebert,  3  Pa.  J.  L.  Rep.  252,  274 

Commonwealth  vs.  E.  &  N.  R.  R.  Co.,  27  Pa.  339, 253,  416 

Commonwealth  vs.  Evans,  102  Pa.  394,  383 

Commonwealth  vs.  Fletcher,  180  Pa.  456,  47 

Commonwealth  vs.  Gibson,  196  Pa.  97,  62 

Commonwealth  vs.  Gilligan,  191  Pa.  504,  386 

Commonwealth  vs.  Grimes,  1 16  Pa.  450,  235 

Commonwealth  vs.  Gruver,  13  Pa.  Superior  Ct.  553,  198,  199 

Commonwealth  vs.  Guthrie,  203  Pa,  204,  209,  386,  387 

Commonwealth  vs.  Guy,  13  D.  R.  213,  308 

Commonwealth  vs.  Harman,  4  Pa.  269,  310 

Commonwealth  ex  rel  Heisey  vs.  Risser,  3  Pa.  Superior  Ct.  106, 

172,  256,  259,  261,  275 

Commonwealth  vs.  Howell,  195  Pa.  519,  387 

Commonwealth  vs.  Jenks,  154  Pa.  368,  78,348 

Commonwealth  vs.  Johnson,  24  Pa.  Superior  Ct.  490,  56 

Commonwealth  vs.  Joyce,  3  Pa.  Superior  Ct.  609,  55 

Commonwealth  vs.  Kerr,  25  Pa.  C.  C.  645,  49 

Commonwealth  vs.  Mackin,  8  Kulp  176,  52 

Commonwealth  vs.  McCullough,  12  D.  R.  258, 237 

Commonwealth  vs.  Meaner,  167  Pa.  292,  40 

Commonwealth  vs.  Middleton,  210  Pa.  582,  386,  388 

Commonwealth  vs.  Myers,  170  Pa.  380,  73 

Commonwealth  vs.  Pease,  I  Dauphin  47,  25 

Commonwealth  vs.  Penns  Twp.  School  District,  31  Pa.  C.  C.  552,.  .  00 

Commonwealth  vs.  Philadelphia,  176  Pa.  588,  343 

Commonwealth  vs.  Reynolds,  137  Pa.  389,  386 

Commonwealth  vs.  Risser,  3  Pa.  Superior  Ct.  196,  

172,  256,  259,  261,  275 

Commonwealth  vs.  R.  R.  Co.,  27  Pa.  339,  253,  416 

Commonwealth  vs.  School  Directors,  8  Pa.  Superior  Ct.  257,  9 

Commonwealth  vs.  School  Directors,  51  P.  L.  J.  374 9 

Commonwealth  vs.  Shaw,  96  Pa.  268,  348 

Commonwealth  vs.  Smith,  14  York  69,  289 

Commonwealth  vs.  Sulzner,  198  Pa.  502,  56 

Commonwealth  vs.  Sweigart,  9  Pa.  Superior  Ct.  455,  199 

Commonwealth  vs.  Titman,  148  Pa.  168,  199 

Commonwealth  vs.  Upper  Swatara  Twp.  School  District,  164  Pa.  603.  76 

Commonwealth  vs.  Walker,  145  Pa.  235,  '. 357 

Commonwealth  vs.  Wenner,  21 1  Pa.  637,  77 

Commonwealth  vs.  Wickersham,  66  Pa.  134,  332 

Commonwealth  vs.  Wickersham,  90  Pa.  311,  338 

Commonwealth  vs.  Whitlock,  12  D.  R.  791, 41,  47,  209 


TABLE    OF    CASES  479 

(The   references   are   to   pages.) 

Commonwealth  vs.  Virtue,  13  Luz.  L.  Reg.  Rep.  191,  56 

Conley  vs.  Directors  West  Deer  Twp.,  32  Pa.  194,  428 

Conney  vs.  Gardner,  16  Pa.  C.  C.  547,  122 

Connor's  Appeal,  103  Pa.  356,   182 

County  of  Allegheny  vs.  Shaw,  34  Pa.  301,  310 

County  of  Allegheny  vs.  Watt,  3  Pa.  462, 310 

County  of  Erie  vs.  City  of  Erie,  113  Pa.  360,  .176 

County  of  Northampton  vs.  Innes,  26  Pa.  156,   310 

Cousins  vs.  Burgie,  13  D.  R.  368,   289 

Craig  vs.  Kline,  65  Pa.  399,  344 

Creswell  vs.  Montgomery,  13  Pa.  Superior  Ct.  87,   193 

Croyle  Twp.  School  District,  29  Pa.  C.  C.  93, 302 

Custer  vs.  School  District,  12  Pa.  Superior  Ct,  102,   267 

— D— 

Darby  Boro.  School  District's  Appeal,  160  Pa.  79,  163 

Darby  vs.  Sharon  Hill,  2  D.  R.  485 162,  163 

Dechart  vs.  Commonwealth,  113  Pa.  229,   121,  345 

Denison  School  District,  6  Kulp  457,   106 

Dennison  Twp.  vs.  Padden,  89  Pa.  395,  256,  257,  259 

Dickinson  Twp.  vs.  Linn,  46  Pa.  341,  55,  118,  266 

Donahoe  vs.  Richards,  38  Me.  379, 284 

Dolan  et  al  vs.  Lackawanna  School  District,  10  D.  R.  694,  ....  144,  147 

Donaldson  vs.  York  Co.  School  Superintendent,  8  D.  R.  185, 344 

Duffield  vs.  School  District,  162  Pa.  476, 264,  296,  297,  305 

Duquesne  College  Charter,   12   Pa.   C.   C.  491,    254 

Dyberry  School  District  vs.  Mercer,  115  Pa.  559,  564, 256,  259 

Dyer  vs.   Covington,   19  Pa.  200,    115 

— E— 

East  Hopewell  Twp.  School  District,  7  D.  R.  177,  90 

Edinboro  Normal  School  vs.  Cooper,  150  Pa.  78,   264 

Elmwood  Lumber  Co.  vs.  Frey,  19  Pa.  C.  C.  56,  139 

Erie  vs.  Erie,   113  Pa.  360,   176 

Erie  School  District  vs.  Smith,  195  Pa.  515,  390 

Ex  parte  Steinman,  95  Pa.  220,   344 

p 

Ferree  vs.  Sixth  Ward  District,  76  Pa.  376,   120 

Field  vs.  Commonwealth,  32   Pa.  478,    354 

Field  vs.  Robinson,  198  Pa.  638,   264,  288,  296 

First  National  Bank  vs.  Rush  School  District,  81  Pa.  307,  115 

Flood  vs.  Masey  School  District,  9  Kulp  385,  23 

Forcey  vs.   Caldwell,   9   Atlan.   466,    50 

Ford  vs.  School  District,  121   Pa.  543,   23 

Francis  vs.  School  District,  41  P.  L.  J.  19,  326 

Freeman  vs.  School  Directors,  37  Pa.  385,    90,  348 

Fritchey  vs.  School  Directors,  19  Pa.  C.  C.  388,   139 

Funk  vs.  Waynesboro   School  District,  3   Sadler  177,    123 


480  TABLE   Of   CASES 

(The   references   are   to   pages.) 

— G— 

Gearhart  vs.  Dixon,  i  Pa.  228,   170 

Gensee  Twp.  vs.  McDonald,  98  Pa.  444,  450, 61,  173,  256,  261 

Gerhard  vs.  Packer  Twp.  School  District,  9  D.  R.  720, 305 

German  Twp.  School  District,  vs.  Sangston,  74,  Pa.  454, 179,  182 

Gilbert  et  al.  vs.  Tierney,  14  Pa.  C.  C.  472, 178,  180,  182 

Girard  Will  Case,  2  Howard,   (U.  S.)   127,  282 

Goswiler's  Estate,  2  P.  &  W.  200,   345 

Groff's  Appeal,  128  Pa.  621,   416,  417 

Gross's  Appeal,   179  Pa.  24, 69 

— H— 

Hackett  vs.  Emporium  School  District,  150  Pa.  220,  185,  186 

Hamilton  vs.  Kill,  8  Luz.  L.  Reg.   108,   29 

Hart  vs.  School  District,  2  Lane.  Law  Rev.  346, 277 

Harvey  vs.  Boies,  i  P.  &  W.  12, 279 

Heard  vs.  School  District,  45  Pa.  93,  75 

Heckerman  vs.  Hummel,  19  Pa.  64, 416 

Heckman  vs.  Board  of  Controllers,  51  P.  L.  J.  81,  325 

Heidler's   Petition,   122  Pa.  653,    13 

Heisey  vs.  Risser  et  al.,  3  Pa.  Superior  Ct  196, 172,  256,  259,  261 

Hoover  vs.  Reap,  10  Kulp  59,  196 

Hughes  vs.  Goodell,  3   Pitts  R.  264,    114 

Hysong  vs.  School  District,  164  Pa.  629,  348 

— I— 

Independent  School  District,  5  Del.  16,   5 

In  re  Borough  of  Wayne,  7  Del.  545,   73 

In  re  contested  Election  of  Gilleland,  96  Pa.  224,   34 

In  re  East  Hopewell  Twp.  School  District,  7  D.  R.  177,  90 

In  re  Kibby  Family,  12  D.  R.  527,  S.  C.,  2  Pa.  J.  L.  R.  167, 308 

In  re  Normal  School,  5  D.  R.  501,  408 

In  re  Opening  Pearl  Street,  in  Pa.  565,   417 

In  re  School  Directors,  3  Kulp  59, 157 

f n  re  School  District  of  Alden  Boro.,  23  Pa.  C.  C.  416, 73 

In  re  School  District  Luzerne  Boro.,  3  Kulp  162, n 

In  re  Wolfe's  Petition,  8  Kulp   181,    13 

Irvin  vs.  Gill,   155   Pa.  8,    169 

j 

Jackson  Twp.  School  District,  n  York  15 123 

— K— 

Kaine   vs.   Commonwealth,    101    Pa.   490,    76 

Keating  vs.  Jordan,  181  Pa.  168,  60 


TABLE   OF   CASES  481 

(The   references   are   to  pages.) 

Kell  vs.  Rudy,  I   Pa.  Superior  Ct.  507,  349 

Kibby  Family,  12  D.  R.  527,  308 

Kittanning  School  District's  Appeal,  179  Pa.  60, 72 

Knew  vs.  Krause,  3  Pa.  C.  C.  563,   40 

Krickbaum  vs.  School  Directors,  3  Kulp  30, 325 


Legrange  Independent  School  District,  7  D.  R.  719, 5 

Lazarus  vs.  Morris,  29  Pa.  C.  C.  505,  123 

Lehigh  Coal  Co.  vs.  Rahn  School  District,  9  D.  R.  692,  186 

Lueder  vs.  Caffrey  et  al.,  9  Kulp  144, 186 

Luburg's  Appeal,  23  W.  N.  C.  454,   144 

Lyndall  vs.  Board  of  Education,  10  D.  R.  655,  266 

— M— 

Maloney  vs.  Rogers  et  al.,  6  Kulp  289,  322 

Mason  vs.  Caffrey,  9  Kulp  414,  118,  181,  196,  206 

Mason  vs.   School  District,   10  Kulp  563,    149 

Mathewson  et  al.  vs.  School  Directors,  23  Pa.  C.  C.  121, 172,  180 

McCrea  vs.  Pine  Twp.  School  District,  145  Pa.  550,  76 

McCrea  vs.  School  District,  145  Pa.  550,  264,  267,  349 

McKean  et  al.  vs.  Brown  et  al.,  3  Kulp  266, 150 

McLeod  vs.  Normal  School,  152  Pa.  575,  412 

Medical  College  of  Phila.,  3  Wharton  445,  254 

Mershon  vs.  Baldridge,  7  Watts  500 357 

Miller  vs.  Clement,  205   Pa.  484,    in 

Mitchell  vs.   Kearns,  16  Pa.   Superior  Ct.  354 185 

Mitchell  vs.  Kearns,  16  Pa.  Superior  Ct.  357, 322,  325 

Mitchell  vs.  McCormick,  9  Kulp  286,   171 

Mohney  vs.   Cook,  26   Pa.   342,    279 

Moore  vs.  Monroe,  64  Iowa  367,   284 

Mt.  Pleasant  School  District,  20  Pa.  C.  C.  60,  13 

Muncy  Boro.  School  District,  vs.  Commonwealth,  84  Pa.  469,   ....116 
Munhall  Boro.  School  District,  207  Pa.  638,   18 

— N— 

Newry  School  District,   II   Pa.   Superior  Ct.  592,   14 

Nicklas  Petition,  146  Pa.  212,   75 

Nissley  vs.  Hummelstown  Boro.  School  District,  5  D.  R.  732,  .  .75,    294 

Normal  School  vs.  Cooper,  150  Pa.  78,  264 

Normal   School,  In  re,  5  D.  R.  501,    408 

Northampton  vs.  Innes,  26  Pa.   156,    310 

Norwegian   Street,  81    Pa.  349,    345 

— O— 

O'Donnell  vs.   School  District,   133  Pa.   162,    25 

Old  Forge  School  District's  Indebtedness,  22  Pa.  Superior  Ct.  239,. .     9 
Overton  School  District,  7  D.  R.  61 1,   34 


482  TABUJ  OF    CASES 

(The   references   are   to   pages.) 
p 

Palairet's  Appeal,  67  Pa.  479,    344 

Parker  Twp.    School   District   vs.   Bruin   Boro.    School   District    13 

D.  R.  769,  16,  18,  144,  155,  162,  163 

Patterson  vs.  School  Directors  of  Cecil  Twp.,  24  Pa.  C.  C.  574, 90 

Pearl  Street,  In  re  Opening  of,  in   Pa.  565 417 

Pennsylvania  R.  R.  Go's  Appeal,  93  Pa.  150,  416,  417 

Peiffer  vs.  Reno,  29  Pa.  C.  C.  145, 88,  1 15 

Petition  of  Barr,  188  Pa.  122,  69,  72 

Philadelphia  vs.  Scott,  81  Pa.  80, 344 

Phila.  &  Reading  Coal  and  Iron  Co.  vs.  Porter  Twp.  School  Dis- 
trict, 14  D.  R.  581,  155,  157 

Philips  vs.   Barnhart,  27   Pa.   Superior  Ct.  26,    175 

Pittsburg  Junction  R.  R.  Go's  Appeal,  122  Pa.  511,  417 

Pittston  Twp.  School  District,   12  Luz.  472,    67,  181 

Pittston  Twp.  School  District,  30  Pa.  C.  C.  92,  67,  181 

Porter  vs.  School  Directors,  18  Pa.  144,   55,  208 

Price  vs.  Scranton  School  Controllers,   I   Lack.  Bar  47,   326 

Public  Institutions,   13  D.  R.  341,    420 

-Q- 

Quicksall  vs.   Philadelphia,   177  Pa.  301,    417 

— R— 

Reading  vs.  Berks  County,  22  Pa.  Superior  Ct.  373, 177 

Reading  vs.  Krause's  Estate,   167  Pa.  23,   345 

Removal  of  School  Directors,  14  D.  R.  717,  66 

Reiser  vs.  Saving  Fund  Association,  39  Pa.  137,  144,   345 

Richards  vs.  Joyce,  8  Kulp  572,    150 

Ross's  Appeal,   179  Pa.  24,   72 

Roth  vs.  Marshall,  158  Pa.  272,  122,  325,  345,  348 

Runkle  vs.  Commonwealth,  97  Pa.  328,   121,  345 

Rutledge  vs.   McCune,   10  Kulp   57,    139 

— S— 

Scheibner  vs.  Baer,  174  Pa.  482,  346 

Schlaudecker  vs.   Marshall,  72   Pa.  200,   121 

School  vs.  Stoner,  16  Montg.   107,   55 

School  Boards,   II   D.  R.   134,    .412 

School  Directors,  vs.  Anderson,  45  Pa.  388, 121,  348 

School   Directors  vs.   McBride,  22  Pa.  215,    141 

School  District  vs.  Padden,  89  Pa.  395,  256,  257,  259 

School  Directors  of  Bloomsburg,   121    Pa.  293, 67 

School  Directors  of  Lower  Salford  Twp.,  19  Pa.  C.  C.  264,  138 

School  District  of  Erie  vs.  Fuess,  98  Pa.  600   24 

School  District  of  Hatfield  Twp.,  43  Leg.  Int.  277, 5 


TABLE    OF    CASES  483 

(The  references   are   to   pages.) 

School  District  of  Marcy  Twp.,  5  Kulp  64,   5 

School  District  vs.  Mercer,  115  Pa.  559,   172 

School  District  vs.  Pitts,  184  Pa.  156,  178,  198,  200 

School  District  vs.  School  District,  6  Pa.  C.  C.  38, 25,  26 

School  District  vs.  Sangston,  74  Pa.  454,  179,  182 

School  District  vs.  Smith,  195  Pa.  515,   189,  387 

Schuylkill  County  vs.  School  Directors,  42  Pa.  21,   176 

Scranton  School  District  vs.  Simpson  et  al.,  133  Pa.  202,   389 

Sewickley  School  District  vs.  Osburn  School  District,  6  D.  R.  211,. .  83 

Shannon  vs.  School  Directors,   10  Kulp  544,   325 

Shartzer  vs.  School  Board,  90  Pa.  192, 207 

Sheetz  et  al.  Norristown  Boro.  School  District,  n  D.  R.  403, 146 

Sherry  vs.  Jenks,  154  Pa.  368, 261,  348 

Smithfield  Borough,  23  Pa.  C.  C.  583, 16 

South  Western  State  Normal  School,  26  Pa.  Superior  Ct.  99, 418 

Spiller  vs.   Woborn,    12  Allen    127, 284 

Sprague  vs.   Baldwin,   18  Pa.  C.  C.  568,   295 

Springboro  School  District's  Case,  21  Pa.  C.  C.  23,  121 

Stevenson  vs.  Hanyon,  7  D.  R.  585 285 

Still  vs.  Reber,  63  Jan.  T.  Sup.  Ct.  1906,  300 

Stincliff  &  Co.  vs.  Taylor  Twp.  School  District,  10  D.  R.  679, 48 

Stormfeltz  vs.  Manor  Turnpike  Co.,  13  Pa.  555, 417 

Stroup's    Petition,    10    D.    R.    301,    342 

St.  Clair  School  Board's  Appeal,  74  Pa.  252,   185 

St.  Mary's  Church,  6  S.  &  R.  505,   253 

Sugar  Notch  Borough,  192  Pa.  349,  287,  296,  297 

Sullivan  County  vs.  Middendorf,  7  Pa.  Superior  Ct.  71,  190 

Superintendent  of  Public  Schools,   14  D.  R.  635,    340 

Swatara  Twp.  School  District's  Appeal,  I  Pa.  Superior  Ct.  502,.... 

198,    199,  200 

Swatara  Twp.  School  District  vs.  Geesey,  7  D.  R.  173,  205 

— T— 

Taylor  vs.  School  District,  4  Lack.  Leg.  N.  231,  139 

Teacher's  Certificates,  16  Pa.  C.  C.  403, 404 

Teacher's  Institute,  6  Pa.  C.  C.  24,  317 

Thomas  vs.  School  District  Henry  Clay  Twp.,  6  D.  R.  230, 226 

Thompson  vs.  East  Marlborough  School  District,  i  Chest.  493, 121 

Tobin  vs.  Morgan,  70  Pa.  229,  173,  256,  260 

Township  of  Dickinson  vs.  Linn,  36  Pa.  341, 55,  ng,  266 

Trainer  vs.   Wolf,    140  Pa.  279, 419 

Tuigg  vs.  Treacy,  104  Pa.  493, 235 

— U— 

Updegraph  vs.  Commonwealth,   n   S.  &  R.  393,   278 

— V— 

Vanaredale  vs.  Laverty,  69  Pa.  103,  263 

Verona  Boro.  School  District's  Appeal,  i   Mona.  697,  169 


484  TABLE  OF    CASES. 

(The   references   are   to   pages.) 

— w— 

Walker  vs.  Edmonds,  197  Pa.  645,   169,  171,  179 

Watkins  Twp.  School  District,  70  Pa.  no, 5 

Watkins  Twp.  School  District,  18  Pa.  Superior  Ct.  293,  8 

Wayne  Twp.  School  Directors  vs.  Rosencrans,  30  Pa.  C.  C.  9 312 

West  Chester  School  District  vs.  Darlington,  38  Pa.  157,  177 

Westfield  Boro.  School  District  vs.  Dillman,  22  Pa.  C.  C.  567,  ....  91 

West  Wheatfield  Twp.,  10  D.  R.  76, 313 

Wharton  vs.  School  Directors,  42  Pa.  358,  150,  325,  348 

Whitehead  vs.  School  District,  145  Pa.  418, 267,  268,  348 

Williams  Twp.  vs.  Williamstown,  9  Pa.  C.  C.  65,  n 

Windsor  vs.   McVeigh,  93  U.   S.  274,    345 

Witherop  vs.  Titusville  School  Board,  7  Pa.  C.  C.  451,  ...\ 149,  187 

Witmer's    Appeal,    15    Atlan.    428,    22 

Woodward  vs.  Pittsburg,  194  Pa.  193,  417 

Y— 

Young  vs.  Pymatuning  Twp.  School  District,  14  D.  R.  773 91 

— Z— 

Zeisweiss  vs.  James,  63  Pa.  465,   280 

Zies  vs.  Latimer,  28  P.  L.  J.  366, 139 

Zulich  vs.  Bowman,  42  Pa.  83,  61 


GENERAL  INDEX. 


(The   references   are   to   the    Sections.) 

Abandoned. 

land  for  school  purposes,  308 

Abolition  of  School  Districts — See  "school  districts,"        20 
Abolished  School  Districts. 

adjustment,  26 

moneys — debts,  division  thereof  by  court,  20 

Academies. 

fire  escapes,  328 

taxation — certain  academies  are  exempt  from  school 
tax,  407 

Accounts. 

annual,  accounts  of  school  board — publication  of, 
failure,  misdemeanor,  480 

form  of  school  directors'  annual  statement  of  ac- 
count, 937 

libraries,  school  directors,  492 

treasurer  of  school  board  to  make  annual  settle- 
ment of  accounts,  147 

settlement  of  accounts,  153, 154 

Actions. 

merged,  actions  of  school  district,  by  or  against,        53 
school  districts,  by  or  against,  42 

Addresses. 

president,  secretary,  treasurer  of  school  board  to  be 
sent  to  superintendent  of  public  instruction,  134 

Adjoining  Townships. 

joint  high  schools,  may  be  established  by,  260 

Adjoining  School  Districts. 

attending  school  in,  242,  272 

contracts,  between  adjoining  school  districts,  245 

disputes  among  directors  or  controllers  of,  to  be 

settled  by  superintendent  of  public  instruction,  723 
school  boards,  discretionary  power  of,  relative  to 

adjoining  school  districts,  243 


486  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Admission  to  High  Schools — See  "high  schools,"  248 

Adverse  Possession. 

school  board  cannot  acquire  title  to  land  by,  308 

Age. 

school  age,  195 

school  age  for  children  to  attend  free  kindergartens,  202 

Agreements — See  "forms."     H. 

adjoining  school  districts  to  form  joint  schools,          245 
teacher  and  directors,  between,  936 

Agriculture. 

school  for  instruction  of,  may  be   established  by 
city  councils  of  any  city,  783 

Air  space. 

school  rooms,  321 

Alteration  of  School  Districts — See  "school  districts,"        20 
Animals. 

experiments  on  living  animals  forbidden,  290 

kind  treatment  of,  289 

Annexation  of   Land   for   Educational    Purposes — See 

"eminent  domain,"  "condemnation  of  land." 

procedure,  31 

viewers  and  reviewers,  31 

report  of,  34 

Appeal — See  "eminent  domain"  and  "condemnation  of 
real  estate." 

auditor's  report  by  taxpayer,  time,  489 

settlement,  time,  488 

award  of  viewers,  appeal  from,  condemning  burial 
grounds,  .  315 

Appointments. 

directors,  power  to  make  appointments, 
Apprenticeship. 

form  for  apprenticeship  of  child  by  a  public  charit-, 
able  institution,  956 


GENERAL  INDEX  487 

(The   references   are   to   the    Sections.) 

Appropriation — See  "state  appropriation,"  737 

Appropriation  of  Lands — See  "eminent  domain,"  "con- 
demnation of  real  estate." 

bond  of  school  district  for  damages  for,  form  of 
bond,  955 

petition  to  assess  damages  for  a  school-house  lot, 
form  of  petition.  964 

Art  Galleries. 

taxation  of,  exempt  from  school  tax,  407 

Assault  and  Battery. 

corporal  punishment,  right  to  use,  602,  603 

denned,  603 

teachers'  right  to  use  corporal  punishment,          602,  603 

Assessment. 

additional  assessment  to  be  made  on  persons  mov- 
ing into  district  between  last  assessment  and  first 
of  May,  430 

county  rates  and  levies  for  school  purposes,        391,  398 
fraudulent  assessment  of  taxes,  misdemeanor,  433 

independent  school  district  in,  3 

taxes  for  school  purposes,  429 

Assessors. 

additional  assessment  to  be  made  on  persons  mov- 
ing into  district,  time,  430 
authority  of,  3 
borough,  3 
children,  duty  to  make  list  of  children,  541 
election  of,  by  whom  elected,  3 
fraudulent  assessment,  misdemeanor,  4*33 
duties  of,  3 
independent  school  district,  duties  of,  in,  917 
salary,  how  paid,  546 
township,  3 

Associations  of  Learning. 

taxation,  certain  kind  of  associations  of  learning  ex- 
empt from  school  tax,  407 

Athletics,  201, 288 


488  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Attachment. 

against  school  district,  65 
enforcement  of  orders  and  decrees  against  school 

districts,        .  52 

evening  schools,  directors  refusal  to  establish,  280 

premature,  when,  69 

Attendance — See  "compulsory  attendance." 

notice,  secretaries'  official  notice  of  absence  to  par- 
ent or  guardian,  form  of  notice,  960 
schools  closed,  by  reason  of  small  attendance,  235 
report  of  attendance  by  teacher,  form  of  report,         959 

Attendance  Officers. 

compensation  of,  538 

employment  of,  536 

powers  of,  under  "compulsory  school  law,"  536 

Attending  School  in  Adjoining  School  Districts,  242 

Attest, 

secretary  of  school  board  of  directors  to  officially 

attest  all  deeds  and  contracts  of  the  board,  135 

Attorney, 

employment  of,  by  president  of  school  board,  130 

fees,  cannot  be  taxed  as  costs,  194 

Auditors. 

accounts  of  school  treasurer,  469 
tax  collectors  or  school  treasurer  not  settled  at 

proper  time,  479 
adjustment  of  indebtedness  between  school  dis- 
tricts, 384 
appeal  from,  treasurer,  163 
borough,  accounts  of  school  treasurer,  469 
claims,  presentation  of,  474 
collection  of  taxes,  to  settle  accounts  of,  478 
compensation  of  auditors,  486 
in  independent  school  districts,  472 
duties,  failure  for  neglect  of,  485 
duties  of,  in  independent  school  districts,  471 
election,  in  independent  school  districts,  470 
expenditures  made  by  directors — control,  477 
independent  school  districts,  duties  of,  in,  471 


GENERAL   INDEX  489 
(The   references   are   to   the   Sections.) 

Auditors — Continued. 

libraries,  annual  report  of  managers  of,  to,  516 

meetings  of,  annual  meeting,  473 

oaths  and  affirmations,  power  to  administer,  475 

failure  to  take,  484 

report,  appeal  from,  by  taxpayer,  489 

publication,  filing  copies  of,  483 

settlement  of,  appeal  from,  time,  488 

conclusive  unless  appeal  taken,  487 

school  directors  with  tax  collector,  302 
settle,  may,  accounts  of  township  auditors  not  au- 
dited at  regular  time,  479 
school  directors  forbidden  to  hold  office  of,  108 

ineligible  to  office  of,  election,  490 

may  be  compelled  to  furnish  statement  of  re- 
receipts  and  expenditures  to,  481 
township,  accounts  of  school  treasurer,  469 

settlement  of  treasurer's  accounts,  162 

treasurer's  accounts,  152 

legal  proofs  of  claims,  474 

witnesses,  power  to  compel  attendance  of,  475 

Ballots. 

centralization  ballots  for,  form  of  ballots,  270 
of  schools,  269 
designation  thereon,  election  of  borough  officers,         83 
form  of  ballots  for  election  to  issue  bonds  in  pursu- 
ance of  centralization,  372 

Bank. 

school  funds,  treasurer's  liability,  164 
Benevolent  Institutions. 

taxation,  exempt  from  school  tax,  407 

Bible— See  "books." 

Bible  is  not  a  sectarian  book,  610 
reading  of,  in  public  schools  not  sectarian  instruc- 
tion, 610 

Birds. 

kind  treatment  of  birds.  289 


4£)O  GENERAL  INDEX 

(The   references  are   to   the    Sections.) 

Blanks. 

health  authorities  to  furnish  to  teachers  and  phy- 
sicians necessary  certificates  for  purposes  re- 
quired in  sees.  611,  612,  613,  617 

Blank  Forms — See  "forms." 

superintendent  of  public  instruction,  duty  to  pre- 
pare and  forward  necessary,  726 

Blind  Children. 

books  for  blind  children,  657 

education,  expense  of,  210 

Board. 

children  attending  joint  schools,  how  paid,  240 

pupil's,  payment,  298 

Board  of  Controllers — See  "controllers." 

school,  high  school,  power  to  establish,  247 

Boards  of  Directors  and  Controllers. 

organization  of  boards  of  directors  and  controllers, 
chapter  V,  116 

Board  of  School  Directors — See  "directors." 

election,  return  of,  how  made,  90 
employment  of  physician  by  ,liability  of  school  dis- 
trict, 629 
health,  township  school  board  to  exercise  power  of 

board  of  health,  623 

high  school,  power  to  establish,  247,  248 

minutes,    agreement    for    transporting  pupils    to 

school,  241 

nuisances,  abatement  of,  in  townships,  624 

tie  vote,  how  to  decide,  101 

townships  in,  abatement  of  nuisances,  624 

vacancies,  how  filled,  term,  80 

water  supply,  contract  for,  337 

Board  of  Health. 

sanitary  agent,  appointment  of,  in  townships,  form 
of  petition,  625,  945,  633 

school  directors  may  be  compelled  to  organize  as, 
mandamus,  627 


GENERAL  INDEX  49 I 

(The   references  are   to   the   Sections.) 

Board  of  Health — Continued. 

townships,  powers  and  duties,  623 

school  board  to  exercise  power  of  boards  of 

health,  623 

duties  of  school  board  in,  626 

Board  of  Public  Education. 

cities  of  first  class,  appointment  and  term,  757 

Bonds. 

assessment,  illegality  of,  does  not  invalidate  bonds,  367 
appropriation  of  land,  form  of  bond  of  school  dis- 
trict for  damages  for,  955 

bonds  of  school  district,  48 

centralization,  bonds  for,  270 

collector  of  school  tax,  form  of  bond,  940 

contractors,  bonds,  power  of  school  boards  to  ap- 
prove, 340 
high  school  purposes,  258 
irregularly  issued  bonds,  recall  of,  378 
issue  of  bonds  by  school  board,  300 
issuing  bonds,  new  bonds  for  old  at  different  rate 

of  interest,  362 

increase  of  indebtedness,  356 

in  pursuance  of  centralization,  372 

lawful  debt,  bona  fide  purchasers,  protected,  366 

purchasers,  bona  fide,  protected,  365,  366 

redeemed,  may  be,  before  or  after  maturity  with 

consent  of  holders,  362 

tax  collector's  bond,  renewal  of,  436,  439 

treasurer  of  school  district,  form  of  bond,  939 

board  of  school  directors,  147 

validated  issued  since  i8th  day  of  April,  1895,         364 


Books. 


agents  for  sale  of  books,  who  cannot  act  as  agents, 

misdemeanor,  punishment,  673,  674 

blind  children,  books  for,  657 

change  of  text  books,  penalty,  666,  667 

restricted  in  cities  of  second  and  third  class, 

act  to  be  accepted,  668,  669,  670,  671 

directors  to  select  books,  285 

furnished  free,  for  use  of  schools,  664 

high  school  books,  used  in,  251 


492  GENERAL  INDEX 

(The  reference*  are  to  the   Sections.) 

Books — Continued. 

library,  larceny  of  books,  how  punished,  493 

lost,  liability  for  loss  of  books,  494 

legal  possession  of  books,  499 

ownership  of  books,  499 

purchase  of  books,  492 

title  to  books,  493 

selection  of  books,  497 

use  of  books  regulated,  494 

use  of  books,  498 

meeting  of  directors  and  teachers  for  selection  of 

school  books,  656,  659, 660, 663 

president  of  school  board,  unlawful  to  be  interested 

in  the  furnishing  of  books  or  any  other  supplies,     674 
purchase,  ordinary  school  tax  may  be  used  for  the 

purchase  of  school  books,  |ii 

school  books,  664 

school  books,  legal  requirements,  658 

school  books,  restraining,  672 

school  books  in  cities  of  second  and  third  class. 

act  to  be  accepted,  669,  670,  671 

restraining  purchase  of  school  books,  672 

report,  monthly,  to  be  deposited  with  secretary  of 

school  board,  137 

selection  of  school  books,  656 

teachers   meeting  with   directors   for,   manda- 
tory, 659,  663 
object  of  teachers  meeting  with  school  board,     663 
series  of  school  books,  when  and  how  selected,  656,  663 
vacation,  use  of  school  books  during  vacation,          665 
Boroughs — See  "city  and  borough  superintendents,"        676 
a  school  district,  22 
alteration  of  borough  lines,  effect,  20 
annexation  of  land  for  educational  purposes,  31 
annexing  portion  of  township,  to  share  existing  in- 
debtedness,                                                           38,  42,  380 
assessors,  boroughs  to  elect  separate  assessors,  3 
auditor,  compensation  of  borough  auditor,                   486 
incompatible  with  that  of  school  director,            109 
report  of  borough,  see  "auditor,"                            483 
building  tax  not  to  be  levied  during  erection  of  a 
borough  or  division  of  township  or  school  dis- 
trict,                                                                                  416 
charter  of  borough,  adopting  of  city,                            106 


GENERAL   INDEX  493 

(The  reference*  are  to  the   Sections.) 

Boroughs — Continued. 

corporation,  a  distinct  municipal,  23 

cutting  a  borough  out  of  a  township,  22 

directors,  effect  of  adopting  city  charter,  106 

change  of  residence,  105 

number  increased  by  petition  to  court,  5 

erection  of,  affecting  tax  levy,  40 

every  borough  a  separate  schoool  district,  2 

formed  of  part  of  a  township  becomes  distinct  dis- 
trict, 22 
health,  board  of  township  not  required  to  act  for 

new  borough,  24 

high  schools  in  certain,  247 

incorporated  from  a  township,  is  distinct  and  sep- 
arate, 23 
from  a  township,  when  not,  distinct  and  sep- 
arate, 25 
compensation  for  school  property,  44 
indebtedness,  collection  of,  49 
how  credited,  51 
judgments  against,  land  taken  for  library  purposes,  509 
laws,  subject  to  different,                                                  23 
libraries,  aid  from  councils,                                       517,  518 
councils  may  aid  free  public,                             517,  518 
may  be  maintained  by  adjoining  township,          515 
councils,  may  take  private  property  for  library 

purposes,  507 

merger  of  school  districts,  apportionment  of  indebt- 
edness, 38, 45,  380 
a  township  into  one  or  more,  38 
officers,  created  by  act  1903,  appointment  of,  by 

the  court  of  quarter  sessions,  86 

election  of,  ballots,  83 

of  school  board,  119 

residence,  change  of,  effect,  105 

schools,  controller  to  establish,  195 

directors  (application  of  act,  April  23,  1903),      87 

directors,  election  of,  78 

directors,  election  of,  in  boroughs  not  divided 

into  wards,  82 

directors,  to  elect  six,  87 

directors,  three  to  be  elected  for  each  ward,          4 
district  erected  out  of  township,  38 

districts  of,  shall  share  in  rights  and  liabilities 
of  townships  from  which  formed,  42 


494  GENERAL  INDEX 

(The   references   are   to   the   Sections.) 

Boroughs — Continued. 

property,  secured  by  incorporation,  compensa- 
tion, 44 
secretary  of  school  board  of,  election,                            121 
single  school  district,  creation  of,  4 
suits,  against,  record  of,                                                      73 
superintendent  of  schools,  boroughs  having  a  popu- 
lation of  over  five  thousand  may  elect  a  borough 
superintendent  of  schools,                                            676 
tax  collector,  election  of  tax  collector  in  boroughs,    435 
collection  of  taxes  in  cities,                                      435 
special  for  high  school  purposes,                             257 
township  and  borough  one  school  district,                     25 
merger  into,  rights  and  liabilities,                            38 
merged  into  one  borough  school  district,               53 
vaccination,  liability  for  expenses  incurred  by  board 

of  health,  employing  physician,  631 

wards,  not  divided  into,  to  have  six  school  directors,     81 

Borough  Institutes — See  "city  and  borough  institutes," 

652,  655 
Borough  School  District — See  "boroughs." 

compensation,  need  not  give  for  real  estate  of  town- 
ship annexed  to,  21 

Borough  Superintendent  of  Schools — See  "city  and  bor- 
ough superintendent." 

Borough  Superintendent. 

supervision  of  high  school,  265 

Borrow  Money — .See  "indebtedness." 

interest,  346 

Branches  of  Study. 

alcoholic  drinks,  effects  of  alcoholic  drinks,  stimu- 
lants and  narcotics  upon  human  system  required 

to  be  taught  in  public  schools,  707 

athletics,  201 

calisthenics,  292 

required  to  be  taught,  292 

directors  to  direct,  251 

to  select,  285 

duty  of  county  superintendent  to  see  that  certain 

branches  are  taught  in  the  schools,  699 


GENERAL   INDEX  495 

(The   references  are   to   the    Sections.) 

Branches  of  Study — Continued. 

hygiene,  county  superintendents  report  on  instruc- 
tions of,  707 
mechanic  arts,                                                                     201 
narcotics,  effects  of  narcotics  upon  human  system 

required  to  be  taught  in  public  schools,  707 

physical  culture,  292 

physiology,  county  superintendent's  report  on  in- 
struction, 707 
required  to  be  taught,                                                286 
required  to  be  taught  in  cities  of  first  and  sec- 
ond class,                                                                  288 
teachers'  monthly  report  of,  585 
stenography,  593 
stimulants,  effects  of  stimulants  upon  human  sys- 
tem required  to  be  taught  in  public  schools,             707 
typewriting,                                                                            593 

Buildings. 

debts,  surplus  of  ordinary  school  tax  may  be  used 

for  payment  of  debts  for  building  purposes,          412 
erecting,    special    tax   authorized    for    purpose    of 

erecting  and  furnishing  buildings,  418 

furnishing,  special  tax  authorized  for  purpose  of 

erecting  and  furnishing  buildings,  418 

high,  school  purposes,  255 

lease  of,  special  building  tax  may  be  used  to  lease  a 

building  and  fit  it  up  as  a  school  house,  422 

renting  of,  for  high  school  purposes,  255 

repairs,  ordinary  school  tax  may  be  used  for  pay- 
ment of  occasional  repairs  when  there  is  no  build- 
ing tax  or  fund,  411 
school  purposes,  duty  of  directors  to  provide,  317 
tax,  "public  high  school  building  tax,"                          257 

Buildings,  School. 

air  space,  321 

class  rooms,  321 

contract,  awarding  of,  343 

for  erection   of  school   buildings,   unrecorded 

minutes,  345 
heating  school  building,  344 
void,  341 
contractor's  bond,  power  of  school  board  to  ap- 
prove, 340 


496  GENERAL  INDEX 

(The   references  are   to   the    Sections.) 

Buildings — Continued. 

bonds,  issuing,  to  erect  school  buildings,  372 

breaking  into,  at  night,  etc.,  burglary,  493 

or  unlawful  entry,  misdemeanor,  325 

erection  of,  school  buildings,  317 

on  land  owned  by  the  county,  310 

borrowed  money,  when  court  will  enjoin,  349 

fire  escapes,  328 

heating  school  buildings,  321 

contract  for  bids,  344 

literary  purposes,  may  be  used  for,  326 

libraries,  selection  of,  for  purposes  of,  491 

use,  for  purposes  of,  502 

lighting,  320 

location  of  school  buildings,  305 

review  by  the  courts,  306 
plans  and  specifications,  318,  319 

protection  of,  325 

renting  of,  317 

sites  for,  304 

report  of  viewers,  307 

taking  land  for,  303 

void  contract,  341 

United  States  flag,  327 

value,  measure  of,  in  adjusting  indebtedness,  382 

ventilation,  321 

water  closets,  331 

Building  Tax— See  "taxation,"  "school  taxes,"  "tax." 
amount,  building  tax  cannot  lawfully  exceed  the 
amount  of  the  ordinary  school  tax  for  the  same 
year,  414 

collection  of  building  tax,  413 

extent  of  building  tax,  amount,  413 

lease,  may  be  used  to  lease  a  building  and  fit  it  up 

as  a  school  house,  422 

levy,  building  tax  can  only  be  levied  when  there  is 
a  levy  for  ordinary  school  purposes  for  same 
year,  414 

cannot  be  levied  for  ordinary  repairs,  but  may 
be  for  "completing  improvements  in  school 
buildings  contemplated  at  the  time  of  their 
erection,"  421 

may  be  levied  at  any  time  not  oftener  than  once 
in  each  school  year,  413 


GENERAL  INDEX  497 

(The   references  are  to   the   Sections.) 

Building  Tax — Continued. 

not  to  be  levied  during  division  of  township  or 

school  district  or  erection  of  a  borough,          416 
lien  of  taxes,  427 

mis-appropriation   of  special   tax   may   render   di- 
rectors personally  liable,  424 
ordinary  tax  to  be  kept  separate  from  the  building 

tax,  417 

purposes  for  which  special  tax  may  be  used, 

413,418,420,421,422 
separate,  building  tax  to  be  kept  separate  from  the 

ordinary  school  tax,  417 

special  for  building  purposes,  413 

Burial  Grounds. 

condemning,  procedure,  316 

taxation,  burial  grounds  not  used  for  private  or  cor- 
porate profit,  exempt  from  school  tax,  407 
viewers,  appeal  from  award  of,  315 
public,  taken  for  school  purposes,  313 

Burglary. 

breaking  into  school  house  at  night,  etc.,  493 

library,  breaking  into  at  night,  etc.,  493 

.  \ 

Business. 

organization  at  meeting  of  school  board,  120 

Calisthenics. 

required  to  be  taught,  292 

Candidate. 

director,  school,  cannot  act  as  judge  of  the  election,  no 
rival,  122 

determination    of   the   rights    of   school    directors, 

Centralization. 

bonds,  issuing  for,  270 

bonds,  issuing  in  pursuance  of  election,  372 

defined,  267 

elections  for,  269 

instruction,  course  of,  271 

petition  for,  268 

vote,  268 


498  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Centralization  of  Schools. 

question  may  be  submitted  every  two  years,  268 

Certificate— See  "forms." 

committee  on   permanent  certificates   at  city  and 

borough  institutes,  654 

election  of,  school  directors,  123 

examination  for  permanent  for  teachers,  575 

health  authorities  to  furnish  to  teachers  and  phy- 
sicians necessary  blanks  for  purposes  of  sec.  I, 
ii  and  12,  act  1895  (sec.  611,  612,  613),  617 

indebtedness,  redeeming,  362 

interstate  county,  582 

permanent — election  of  teachers  holding,  577 

state  teachers'  certificates,  granting  to  college 

graduates,  581 

state  teachers'  certificates,  power  to  annul,          580 
state  teachers'  certificates,  to  whom  granted,     579 
physicians,  to  admit  certain  pupils  excluded  from 

school  under  "public  health  acts,"  612 

showing  disinfection,  purpose  of,  612 

practical  teachers'  state  certificate,  forms  of,  952 

tax  collector's  to  county  commissioners,  of  unpaid 

school  tax  on  unseated  lands,  form  of,  943 

to  prothonotary  of  unpaid  balance  due  from 

collector,  form  of,  944 

teachers',  annulled  by  county  superintendent,  no- 
tice, 703,  704 
countersigning  teachers'  certificate  by  county 

superintendent,  702 

employed  minor,  229 

for  teaching  in  high  schools,  252 

permanent,  issued  on  recommendation  of  in- 
stitute committee,  576 
permanent,  to  whom  granted,  574 
professional,  renewal,  573 
professional,  to  whom  granted,                       571,  572 
vaccination,  physicians  of,  under  sec.  12,  act  June 

18,  1895,  615 

forms  of  physician's  certificates  of,  958 

of,  must  be  presented  by  pupils,  616 


GENERAL  INDEX  499 

(The   references   are   to   the    Sections.) 

Changes. 

in   school   districts,  20 

Charitable  Institutions. 

children  from  other  districts,  199 

inmates,  do  not  require  right  to  free  admission  to 

public  schools,  199 

taxation,  exempt  from  school  tax,  407 

Charter. 

city  adopting  of,  106 

Charts. 

agents  for  sale  of,  who  cannot  act  as  agents.     Mis- 
demeanor.    Punishment,  673 

Children. 

admission  of  friendless  children  to  home  for  a,  218 
apprenticeship  of  child  by  public  charitable  insti- 
tution, form  of,  956 
assessors  to  make  list  of,  541 
attending  high  school  in  adjoining  district,  272 

higher  grades  of  schools  in  another  school  dis- 
trict, 273 

joint  schools,  payment  of  board,  240 

schools  in  adjoining  school  district,  242 

blind,  books  for,  657 

commitment,  by  juvenile  court,  557 

in  juvenile  court,  limit  of,  562  ' 
corporal  punishment,  right  of  teachers  and  parents, 

602,603 

compulsory  attendance,  application  of  act,  531 

deaf  mute,  expense  of  education,  209 

delinquent,  care  of,  by  probation  officer,  560 

"delinquent  child"  denned,  549 

under  age  of  twelve  years,  commitment,  565 

"dependent  child"  denned,  549 

destitute,  education  of,  212 
discretionary  power  of  school  boards,  relative  to 

school,  shall  attend, 
employment  of  children, 

not  to  be  under  certain  age, 

school  teacher's  certificate, 

employer's  register,  contents,  224 


5OO  GENERAL   INDEX 

(The   references  are   to   the    Sections.) 

Children — Continued. 

excluded   from   school   because   of   "public   health 

acts,"  period  of  exclusion,  612 

friendless,  admission  of,  to  the  public  schools,  tu- 
ition, 221 
education  of,  212 
homes  for,  212 
guardianship,  juvenile  court,  559 
high  school,  attending  in  another  school  district,      272 
home — approved  family;    commitment — juvenile 

court,  564 

"incorrigible  child,"  defined,  549 

indigent,  blind,  education,  expenses,  210 

trial,  unlawful  to  confine  child — certain  cases,  561 

jurisdiction  of  courts  of  quarter  session  affecting 
treatment  and  control  of  dependent,  neglected, 
incorrigible  and  delinquent  children,  548 

legal  adoption — juvenile  court,  559 

"neglected  child,"  defined,  549 

non-resident,  tuition,  246 

offences  out  of  school,  jurisdiction  and  authority  of 

teachers  over,  604 

orphan,  admission  of,  to  public  school,  tuition,  221 

police  station,  unlawful  to  confine  child — in  certain 

cases,  561 

probation  officer,  care  of  delinquent  child,  560 

punishment — rights  of  parents  and  teachers,     602,  603 
quarter  sessions,  power  of  courts  over  children  un- 
der sixteen  years  of  age,  547 
reformatory,  discharge  from,  558 
refused  admission  to  school,  because  they  cannot 
produce  a  certificate,  their  parents  are  not  liable 
to  penalty  of  compulsory  education  law,                 616 
religious  belief,  commitment,  563 
residing  in  house  in  which  persons  are  suffering 
from    certain    diseases — not    allowed    to    attend 
school,                                                                             611 
rights   and   duties  of — duty   of   superintendent   of 
public  instruction  to  give  information,  relative  to 
— See  "school  laws,"  724 
school,  right  to  attend,  197 
schools  for  deaf  mute  children,                                       208 
soldiers  of,                                                                            222 
teachers'  monthly  report  of,                                             585 
transportation,  provided  for  attending  school,             234 


GENERAL  INDEX  5OI 

(The   references  are   to   the   Sections.) 

Children — Continued. 

transportation,  under  system  of  centralization,  271 

trials  upon  indictment,  566 

truants,  disposition  of,  537 

vaccination  of,  is  a  condition  precedent  to  admis- 
sion into  the  public  schools,  5i6 
vaccination,   right  of  school   directors  to  exclude 
pupils  from  school  for  failure  to  be  vacci- 
nated,                                                                       628 
right  of  teachers  to  exclude  from  schools  for 

failure  to  be  vaccinated,  614 

vagrant,  education  of,  212 

Cholera. 

child  residing  in  same  house  in  which  any  person 
is  suffering  from,  not  allowed  to  attend  school,  6ir 

duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  the  names  and  location 
of  persons  suffering  from,  618 

duty  of  physicians  to  report  to  secretary  of  school 
board  in  townships  names  and  residences  of  per- 
sons afflicted,  623 

Christianity. 

part  of  the  common  law  of  Pennsylvania,  610 

Christmas  Day. 

see  "legal  holiday,"  527 

Churches. 

taxation,  exempt  from  school  tax,  407 

Cities. 

annexation  of  land  for  educational  purposes,  31 

charter,  adoption  of,  106 

see  "city  and  borough  superintendents,"  6/6 

classification  of,  795 

classification,  17*  18,  19 

controllers  to  establish  schools,  195 
directors,  school,  change  of  residence,  effect  of,          105 

three,  for  each  ward,  4 

every,  a  separate  school  district,  2 

first  class,  17,  795 

second  class,  18,  795 


5O2  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Cities — Continued. 

third  class,                                                                      19,  795 
high  schools  in,  247 
officers  of  school  board,  119 
single  school  district,  4 
school  directors,  election  of,  78 
three  in  each  ward,  79 
superintendent  of  schools,  cities  having  population 
of  over  five  thousand  may  elect  city  superintend- 
ent of  schools,  676 
three  school  directors  to  be  elected  for  each  ward,  4 
treasurer,  bond,  184 

Cities  of  First  Class. 

appropriation  for  school  purposes,  780 

board   of  public   education,   a   corporation,   titles, 

powers  and  duties,  781,782 

appointment  and  term,  757 

appointments  to  educational  position  made  by 
board,  names  of  appointees  must  me  among 
three  highest  on  eligible  list,  773 

duties  of,  761 

oath  of  office,  759 

organization,  760 

to    prescribe    mode   of   determining   qualifica- 
tions of  applicants  for  teachers,  771 
vacancies,  eligibility,  758 
city  council  may  establish  institutions  for  scientific 

and  educational  instruction,  trustees,  783 

classification  of  cities,  795 

constitutes  a  separate  school  district,  13 

district  superintendent,  appointment,  powers  and 

duties,  770 

compensation,  770 

eligible  lists,  names  of  persons  appointed  to  any  edu- 
cational position  must  appear  among  three  high- 
est on  list, 
expenditures, 

janitors,  appointment,  compensation, 
public  health,  rules  and  regulations, 
sectional  school  board,  agents, 
election,  term, 

eligibility,  oath,  compensation, 
powers  and  duties  of, 
organization,  report, 


GENERAL  INDEX  503 
(The   references  are  to   the   Sections.) 

Cities  of  First  Class — Continued. 

secretaries,  768 

vacancies,  765 

superintendent  of  buildings,  appointment,  security, 

qualifications,  776 

deputies,  appointment  of,  777 

•superintendent  of  schools,  compensation,  770 

powers  and  duties,  election,  770 

superintendent  of  supplies,  appointment,  security, 

powers  and  duties,  779 

assistants,  appointment,  779 

teachers,  certificates  of,  772 

election  of,  787 

eligible  lists,  773 

qualifications  of  applicants,  771 

teacher's  retirement  fund,  775 

Cities  of  Second  Class. 

branches  required  to  be  taught,  288 
books — change  of  text  books  retricted, 

793,  668,  669,  670, 671 

classification  of  cities,  795 

constitutes  a  separate  school  district,  14 

directors,  power  of  directors  of  sub-districts,  790 

mechanics,  arts,  792 
members  of  school  board  forbidden  to  hold  office 

of  emolument,  788 
school  board,   forbidden   to   employ   any   member 
thereof  in  any  capacity  in  which  compensation  is 

attached,  788 
school  books,  purchase  and  awarding  of  contracts, 

act  to  be  accepted,  669,  670,  671 

school  books,  change  of,  restricted,  act  to  be  ac- 
cepted, 668, 671 

schools,  athletics,  792 
schools   for  scientific   instruction — may   establish 

schools  for,  794 

sub-school  districts — power  of  directors  of,  790 

Cities  of  Third  Class. 

annexing  adjoining  school  district,  37 

assessment  of  taxes  in  cities  of  third  class,  434 

athletics  in  public  schools,  821 

books — change  of  schoool  books  restricted,  822 


5O4  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Cities  of  Third  Class — Continued. 

purchase  of  school  books,         822,  668, 669,  670,  671 
bond    of    secretary    of    board    of    school    control, 

amount,  condition,  803 

branches,  required  to  be  taught,  821 

classification  of,  795 

constitute  a  separate  school  district,  15 

city  treasurer  ex-officio  school  treasurer,  818,  819 

controllers,  annual  organization  of  board,  800 

election  of,  798 

election  of  two  for  the  same  term,  804 

may  administer  oath  of  office  to  each  other,         816 

oath  of,  form  of  oath,  copy  to  be  filed,  815 

officers  of  board  of  controllers,  800 

powers  of,  797 

secretary  of  board  of,  salary  of,  802 

secretary  to  qualify  president,  817 

terms  of,  798 

vacancies,  filling  of  tickets,  805,  806,  807 

vacancies,  how  filled,  799 

vacancies  in  offices  of  board  of,  801 

constitute  a  separate  school  district,  796 

election  of  controllers,  798 

election  of  two  school  controllers  for    the    same 

term,  804 

institutions  for  scientific  and  educational  instruc- 
tion may  establish,  826 
mechanic  art  schools,  821 
oath  of  school  controllers,  form  of  oath,  copy  to 

be  filed,  815 

organization  of  school  board,  secretary  to  qualify 

president,  817 

secretary  of  school  board,  members  of  board  pro- 
hibited from  holding  office  of  secretary  thereof,       813 
schools — athletics,  821 

school    boards — members    prohibited    from    being 
employed  by  said  board  where  any  compen- 
sation is  attached,  813 
members  of,  prohibited  from  holding  the  office 

of  secretary  thereof,  813 

school  books,  change  of  restricted,  act  to  be  ac- 
cepted, 668,671,822 
purchase  and  awarding  of  contracts,  act  to  be 

accepted,  669,  670,  671 

schools — mechanics'  art  schools,  821 


GENERAL  INDEX  505 

(The   references   are  to   the    Sections.) 

Cities  of  Third  Class — Continued. 

school  taxes,  certification  of  assessment  to  school 
board,  levy,  824 

scientific  and  educational  instruction,  establish- 
ment, 826 

taxes,  city  treasurers  to  be  collector  of  school  taxes,  820 
school,  levy,  823 

text  books — change  of,  restricted,  822 

treasurers  of,  shall,  by  virtue  of  their  office,  be  col- 
lectors of  city,  school  and  poor  taxes,  820 

treasurer  of  school  funds,  818,  819 

City  and  Borough  Institutes. 

attendance,  superintendent  to  report  number  to 
board  of  school  directors,  number  of  days  each 
teacher  attended,  651 

authorized  to  be  held  in  certain  cities  and  bor- 
oughs, 652 

appropriations  for,  may  be  drawn  from  county 
treasurer,  653, 643 

committee  on  permanent  certificates,  654 

funds  for  support  of  same  may  be  drawn  by  super- 
intendent from  the  county  treasurer,  653 

revenues  for  city  and  borough  institutes,  653 

superintendent  of  schools  may  call  a  teachers'  in- 
stitute, 653 

support,  funds  for  may  be  drawn  by  superintend- 
ent from  county  treasurer,  653 

teachers'  attendance  to  be  reported  to  board  of 
school  directors,  651 

time  for  holding  city  teachers'  institute,  notice,          655 

City  and  Borough  Superintendent. 

county  superintendent,  city  and  borough  superin- 
tendents, not  subject  to  authority  of  county  super- 
intendents, 682 
election,  certificate  of  election,  commission,                677 
election  of  city  and  borough  superintendent,              676 
eligibility  of  city  and  borough  superintendents,  697,  698 
teacher's  institutes  for  city  and  borough  superin- 
tendent authorized  to  call,                                    652,  653 
cities,  boroughs  and  townships  having  a  popula- 
tion of  over  five  thousand  and  may  elect  a  su- 
perintendent of  schools,                                                676 
city  teachers'  institute,  time  for  holding,  notice,        655 


506  GENERAL  INDEX 

(The   references   are   to   the   Sections.) 

City  and  Borough  Superintendents — Continued. 

duties  of  city  and  borough  superintendents,  678 

hygiene — report  on  instructions  of  hygiene  to  be 

made  by  city  and  borough  superintendents,  707 

physiology — report  on  instructions  of  physiology  to 

be  made  by  city  and  borough  superintendents,        707 

qualifications,  676 

report,  annual  report,  679 

on  instructions  of  physiology  and  hygiene,          707 

to  boards   of   directors   and   controllers    daily 

attendance  of  teachers  at  county  institute,      646 
teachers'  attendance  at  city  and  borough  insti- 
tutes, to  board  of  school  directors,  651 
salary,                                                                                    676 
teachers'    institutes,    superintendent    to    report   to 
board  of  school  directors  number  of  days  each 
teacher  attended,                                                           651 
term  of  office,                                                                    676 
time  for  holding  city  teachers'  institute,  notice,          655 
townships,  cities  and  boroughs  having  a  population 
of  over  five  thousand  may  elect  a  superintendent 
of  schools,                                                                        676 

City  Superintendent  of  Schools — See  "city  and  borough 
superintendents." 

City  Teachers'  Institute. 

time  for  holding,  notice,  655 

Class  Rooms. 

air  space,  321 

Classification. 

cities,  17, 18,  19 

school  districts,  12 

Collateral  Inheritance  Tax. 

libraries,  gifts  to,  free  from,  504 

Collections. 

claims  against  school  districts,  time,  48 

indebtedness  of  school  districts,  49 

College. 

fire  escapes,  328 

taxation,  exempt  from  school  tax,  407 


GENERAL   INDEX  507 

(The   references  are  to  the   Sections.) 

College  Degrees. 

power  to  confer,  581 

College  Graduates. 

permanent  state  teachers'  certificates,  granting  to,  581 
Compulsory  Attendance. 

application  of  the  act,  530 

assessors  to  make  list  of  children,  between  ages  of 

6  and  16,  541 

assessor,  salary,  how  paid,  546 

attendance  officers,  compensation  of,  538 

neglect  of  duty,  a  misdemeanor,  543 

power  of,  536 

children,  to  what  the  act  apply,  531 

employers  of  children,  report  of,  532 

excuse,  when  school-boards  may,  529 

fines,  disposition  of,  under  act,  535 

governess,  defined,  545 

need  not  have  teachers'  certificate,  545 

guardians,  duty  of,  529 

misdemeanor,  neglect  of  duty,  by  teacher  or  person 

in  parental  relation,  533 

notice  to  parent,  534 

parents,  duty  of,  529 

parents  of  children  refused  admission  to  school,  are 
not  liable  to  penalty  provided  by  compulsory  edu- 
cation law,  616 
private  teacher,  need  not  have  teachers'  certificate,  545 
public  health  acts  not  in  conflict  with,  616 
secretary  of  school  board,  neglect  of  duty,  misde- 
meanor, 543 
service  of  summons  on  parents  or  guardian,  form  of 

service,  963 

special  schools  for  truants,  539 

state   appropriation — withheld   for  neglect   to   en- 
force compulsory  law,  544 
summons  on  parent  or  guardian,  form  of  summons,  .962 
superintendent  of  schools,  neglect  of  duty  a  misde- 
meanor, 543 
teachers'  duty  to  report  pupils  three  days  without 

excuse,  542 

truants,  attendance  officers,  power  of,  536 

disposition  of,  537 

procee'dings  against,  540 


508  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Commerce. 

schools  for  instruction  of, -may  be  established  by 
city's  council  of  any  city,  783 

Commercial  Papers. 

see     "drafts,"     "warrants,"     purchase     by     school 
boards,  300 

Common  Pleas,  Court  of. 

adjusting  indebtedness,  power  to  make  rules  for 

collection  and  payment,  386 

appeal  from  award  of  viewers,  land  taken  for  li- 
brary purposes,  notices,  510,511 
appointment  of  sanitary  agents  in  townships,  peti- 
tion, 625 
form  of  petition,  945 
appointment  of  indebtedness  between  districts,  45 
auditor's  settlement,  appeal  to,  time,                             488 
controllers  of  school,  abuse  of  official  discretion, 

remedy,  305 

debt,  authority  to  authorize  under  act  1871,  368 

directors,  school,  abuse  of  discretion,  remedy,  305 

directors,  school — power  to  remove,  190 

division  of  school  district  composed  of  a  borough 

and  township,  25 

evening  schools,  may  order  directors  to  establish,      280 
indebtedness,  power  to  adjust,  369 

indebtedness,  adjustment  by  common  pleas,  380 

independent  school  districts  created  by — when  they 

may  be  abolished,  923 

library — appointment  of  viewers  to  ascertain  dam- 
ages of  land  taken,  508 
manual  training  night  schools,  may  compel  estab- 
lishment,                                                                          284 
oath  of  office  of  county  superintendent  may  be  ad- 
ministered by  judge  of,                                               686 
petition  for  support  of  homes  for  friendless  chil- 
dren,                                                                                  213 
rules  for  collection  and  payment  of  school  district 

indebtedness,  49 

school  directors,  increase  of  number  of,  petition,  79 

trustees,  authorized  to  sell  real  estate,  58 

viewers,    appointment    of — land    taken    for   school 

sites,  •  303 


GENERAL  INDEX  509 

(The   references  are  to   the    Sections.) 

Common  Pleas,  Court  of — Continued. 

appointment  of,  when  land  taken  for  library 

purposes,  508 

appointment  of,  to  condemn  burial  grounds,       314 

Common  Schools. 

annual  report  to  legislature  by  superintendent  of 
public  instruction,  727 

department  of,  "see  department  of  public  instruc- 
tion," 717 

establishment  of,  I 

laws,  duty  of  superintendent  of  public,  to  give  in- 
formation relative  to,  724 

superintendent  of,  717 

Common  School  System. 

special  and  statutory,  241,  I 

Common  School  Education. 

in  cities  of  the  first  class,  see  "cities  of  the  first 
class,"  757,787 

in  cities  of  second  class,  see  "cities  of  second  class," 

788,  794 

in  cities  of  the  third  class,  see  "cities  of  the  third 
class,"  795 

Commissioners,  County — See  "county  commissioners." 

taxable  inhabitants,  duty  to  certify  to  number,  41 

triennial  enumeration  of  taxables,  duty  to  make,          41 

Commissioner  of  Roads,  Office  of. 

incompatible  with  that  of  school  director,  109 

Committee  of  School  Directors — See  "directors." 

powers  of  expulsion  and  suspension  of  school  chil- 
dren, 295 

Compensation. 

due,  44 

directors,  school,  attending  annual  meeting,  183 

secretary,  board  of  school  directors,      133,  143,  144,411 
township  school  district  cannot  demand  compensa- 
tion from  a  borough  for  real  estate  annexed  to 
borough,  21 


5IO  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Compensation — Continued. 

treasurer  of  board  of  school  directors,  147,  158 

teachers  salary,  see  "Teachers,"  136,  150 

Complaint. 

general  form  of,  957 

"Compulsory  School  Law." — See  "Compulsory  attend- 
ance," 529 

Condemnation  of    Real    Estate. — See    "Eminent    Do- 
main," "Sites." 

normal  schools,  appeal  from  award  of  viewers,        890 

see  "eminent  domain." 

normal  schools — 

enlargement  of  school  grounds,  bond,  884 

petition  for  appointment  of  viewers,  885 
viewers,  estimate  of  damages,  report,      885,  886,  887 

Conduct. 

examination  of,  pupil,  249 
Consolidated  School  Districts. — See  "School  Districts." 

election  of  separate  boards  of  directors,  4 

controllers,  powers,  duties,  4 

organization,  4 

property — real  and  personal,  4 

Constable,  Office  of. 

incompatible  with  that  of  school  director,  109 

Constitution  of  1790,  I 
Constitution  of  Pennsylvania. 

article  I,  section  3,  610 

article  I,  section  6,  46 

article  III,  section  3,  43 

article  III,  section  7,  813 

article  III,  section  8,  622 

article  III,  section  7,  622 

article  IV,  section  8,  719,  721 

article  IV,  section  20,  718 

article  VI,  section  4,  117 

article  IX,  section  8,  347,  350 

article  IX,  section  10,  357 


GENERAL  INDEX  511 
(The   references   are   to   the    Sections.) 

Constitution  of  Pennsylvania — Continued. 

article  X,  section  I,  390 

article  X,  section  i,  622 

article  X,  section  2,  610 

article  X,  section  3,  103 

Constitutional  Law. 

act  of  June  24,  1895,  P.  L.  259,  is  constitutional,  381 

act  of  June  18,  1895,  P.  L.  203  is  constitutional,  622 

Contractors. 

bidders,  awarding  of  contracts,  343 

bonds,  power  of  school  boards  to  approve,  340 

Contracts. 

adjoining  school  districts  between,  245 
awarding,  by  school  directors,  343 
bids,                                                                               343, 344 
execution  by  school  districts,  60 
heating  school  house,  bids,  344 
indebtedness,  how  to  determine  whether  they  are 
lawful  by  reason  of  their  increasing  the  indebt- 
edness, 353 
minutes  of  board  of  directors  for  transporting  pu- 
pils, 241 
order  on  school  treasurer,  299 
preserved,  by  secretary  of  board  of  school  directors,  141 
pupils  to  be  instructed  in  adjoining  school  district,  242 
school  board,  authority  to,  341 
school  districts,  between,  245 
signed  by  president  of  school  board,                        127,  60 
see  "forms"  teachers'  contracts,  589 
teacher's  contract  of  employment,                          577,  578 
teachers',  validity  of  teachers'  contracts,              587,  589 
transportation  of  children,  to  or  from  school,  239 
minutes  of  board  of  directors,  241 
to  schools  of  adjoining  district,  241 
directors  not  to  be  a  party  to,  239 
void,  341 
warrant  on  school  treasurer,  299 
water  supply,  power  of  directors,  term  of,  337 

Contribution. 

formation  of  new  school  district,  28 


512  GENERAL  INDEX 

(The   references   are  to   the   Sections.) 

Controllers  and  Directors,  Boards  of — See  "Directors," 
"Controllers." 

organization  of,  chapter  V,  116 

Controllers. 

accounts,  separate  accounts  to  be  kept  of  all  mon- 
eys expended  for  school  supplies,  675,  664 
annual   meeting  with   tax  collector   to   determine 

amount  of  unpaid  taxes,  450 

attendance  officers,  employment,  536 

books,  select — see  "books,"  285 

bonds,  redeemed,  may  be,  before  or  after  maturity 

with  the  consent  of  the  holders,  362 

Bonds — 

issuing  for  centralization,  270 

issuing  for  high  school  purposes,  258 

sale  books,  notice  to  teachers  of  joint  meeting  for 

selection  of,  661,662 

borrow  money  for  high  school  purposes,  258 

may  borrow  money,  346 

building  school,  duty  to  procure,  317 

committee  of  expulsion  and  supervision  of  pupils,   295 
consolidated  districts,  powers,  duties,  4 

contractor's  bond,  power  to  approve,  340 

county  institutes,  required  to  pay  teachers  attend- 
ing, 645 
disputes  among,  to  be  settled  by  superintendent  of 

public  instruction  in  certain  cases,  723 

duty,  neglect  or  refusal  to  discharge — mandamus,    305 

election  of,  in  cities  of  third  class,  798 

establish  high  school  in  any  school  district,  259 

evening  schools,   duty  to  establish — see  "evening 

schools,"  274 

refusal  to  establish,  280 

expenditures  for  protection  of  property,  323 

expenses  of  school,  liability  for,  297 

payment  of,  297 

fire  escapes,  criminal  liability  for  neglect  of  duty,    330 

grades  of  schools,  power  to  establish,  206 

grounds,  school,  duty  to  provide,  317 

high  schools,  power  to  establish,  247 

power  to  make  rules,  for,  249 

supervision,  249 

injunction  against  school  controllers,  305 

joint  high  schools,  establishment  of,  260 


GENERAL   INDEX  513 

(The   references  are  to   the   Sections.) 

Controllers — Continued. 

lease  grounds,  for  park  or  recreation  purposes,        324 
mandamus,  neglect  or  refusal  to  discharge  duty,      305 
to  restore  expelled  pupil,  295 

manual   training  night   schools   establishment,          284 
meeting  of,  with  teachers,  school  books — selection 

of  series,  656, 659,  660, 661, 662 

minutes — 

election  of  teachers,  591 

resolutions  and  proceedings  to  levy  tax,    395,  396,  397 
show  visitation  of  high  schools,  250 

taxation,  exonerations  to  be  recorded  on  minutes 

of  board,  410 

oath  of  office,  controllers  may  administer  oath  to 

each  other,  816 

officers  of,  119 

official  discretion — 

review  by  courts,  305 

abuse  of,  remedy — common  pleas,  305 

personally  liable  for  unlawful  settlement  made  with 

tax  collector,  451 

powers  of  board  in  cities  of  third  class,  797 

president,  duty  to  certify,  provision,  act  June  24, 

1895,  P.  L.  254,  have  been  complied,  335 

president — 

signing  drafts  for  high  school  expenses,  253 

to  certify  the  number  of  months,  schools  have 
been  in  operation,  525 

physical  culture,  duty  to  provide  for  instruction  in,  293 
purchase  or  sell  real  estate,  56 

real  estate,  power  to  hold  and  convey,  high  school 

purposes,  254 

removal — 

failure    to    provide    proper    water    closets    for 
schools — see  "water  closets,"  331 

for  refusal  or  neglect  to  perform  official  duty, 

quarter  sessions,  305 

water  closets,  failure  to  provide  proper,  332 

report,  annual,  to  county  superintendent,  204 

report    to    superintendent    of    public    instruction, 

under  act  June  28,  1895,  264 

renting,  building  for  high  school,  255 

site  for  high  school,  how  procured,  256 

school  books,  object  of  teachers  meeting  with,  for 

selection  of,  663 


514  GENERAL   INDEX 

(The   references   are   to   the    Sections.) 

Controllers — Continued. 

school  supplies — 

separate  account  of  all  moneys  expended  for,  664,  675 
unlawful  for  controller  to  become  agent  or  in  any 

way  promote  sale  of,  misdemeanor,              673,  674 
secretary,  attesting  drafts  for  high  school  expenses,  253 
secretary  of,  to  receive  report  of  employers  of  chil- 
dren, 532 
sites,  power  to  take  ground  for  school  sites,  303 
power  to  take  land  for  high  school  purposes,  256 
suits,  management,  61 
terms  of,  in  cities  of  third  class,  798 
teachers — 

election  of  certain  grades  of,  for  term  of  three 

years,  577 

employment  of,  for  high  schools,  263 

employment  of,  for  high  schools,  252 
failure  of  school  board    to    provide    competent 

teachers,  duty  of  county  superintendent,  708 
monthly  report  to,  585 
of  stenography  and  typewriting,  may  be  employ- 
ed, 593 
to  be  paid  for  attending  county  institute,  645 
treasurer,  drafts  on,  for  expenses  of  high  school,  253 
truants,  may  establish  special  school  for,  539 
tax  levy,  minutes — see  "taxation,"  "school  tax," 

394,  395 
taxation,  controllers  may  levy  a  per  capita  tax  of 

one  dollar,  403 

taxation — see  "taxation,"  "school  tax," — 

controllers  to  determine  the  amount  of  tax  an- 
nually, 391,  393 
exonerations,  power  of  school  boards  to  make 

exonerations,  minutes,  .  410 

^per  capita,  controllers  may  levy  a  per  capita  tax 

of  one  dollar,  403 

visitation,  high  schools,  250 

water  supply,  contract  for,  337 

Convention,  Triennial. 

directors'  triennial  convention,  duty  of  president 
and  secretary  of,  688 

notice  of  forms,  county  superintendent,  for  election 
of,  947 


GENERAL  INDEX  515 

(The   references  are  to   the   Sections.) 

Convention,  Triennial — Continued. 

president  and  secretary  of  convention  for  election 
of  county  superintendent,  688 

school  directors  for  election  of  county  superintend- 
ent, 683,  684 

school  directors  of,  for  election  of  county  superin- 
tendent, form  of  notice  required  to  be  given,  947 

directors  expenses  to  be  paid,  misdemeanor  for  can- 
didate to  pay,  711,  712 

Conveyance. 

real  estate,  conveyances  by  school  directors,  56 
surviving  trustees  may  in  making  conveyance  to 

school  district,  59 

trustees,  conveyances  by  trustees,  59 

Cornplanter  Indians. 

appropriation  for  schools  among,  900 

schools  for  Cornplanter  Indians,  899 

school  house,  provision  for  election,  furnishing  and 
equipment  of,  901,  902,  903,  904 

Corporal  Punishment. 

damages  when  parents  are  liable  for,  602.  603 

damages  when  teacher  is  liable  for,  602,  603 

parents,  right  to  use,  602 

teachers  have  the  right  to  use,  602,  603 

Councils. 

tax,  levying  for  high  school  purposes,  257 

County. 

land  owned  by,  may  be  taken  for  educational  pur- 
poses, 310 
rates  and  levies — see  "taxation,"  "school  taxes,"           3 

County  Commissioners. 

adjusted  valuation  of  property  to  be  furnished  to 
board  of  directors  and  controllers,  400 

adjusted  valuation — county  commissioners  to  fur- 
nish school  board  copy  of  last,  429 

assessment  in  new  districts,  431 

certificate  to,  by  collector  of  school  tax,  of  unpaid 
tax  on  unseated  lands,  form  of,  943 


5l6  GENERAL,  INDEX 

(The   references   are   to   the    Sections.) 

County  Commissioners — Continued. 

children,  to  furnish  list  of,  between  ages  of  6  and  16 

to  superintendent  of  public  instruction,  541 

duties    of    upon    erection    of    a    new    independent 

school  district,  921 

fire  escapes,  duty  to  examine,  329 

office  of  county  commissioners — 

incompatible  with  that  of  school  director,  109 

office  for  county  superintendent,  commissioners  to 

provide,  furnish  and  maintain,  713 

taxables,  commissioners  to  furnish  list  of  to  board 

of  school  directors  and  controllers,  400 

duty  to   certify   number  of,   upon   formation   of 
new  school  district,  41 

duty  to  report  number  of,  to  superintendent  of 
public  instruction,  730 

number  of,  to  be  reported,  effect  of  neglect  of 
duty,  731 

triennial  enumeration  of  taxables,  duty  to  make,      41 

County  Institute. 

accounts  of,  to  be  examined  by  county  auditors,      649 
of,  to  be  filed  by  county  superintendent  in  office 
of  county  treasurer,  649 

adjournment,  county  superintendent  to  report,  pro- 
ceedings to  superintendent  of  common  schools,  650 

amounts  that  may  be  appropriated  by  county  treas- 
urer, 643 

attendance  of  teachers  to  be  reported  by  county 
superintendent  to  report  to  superintendent  of 
common  schools,  650 

report  of,  by  county  superintendent,  642,  646 

superintendent  to  report  to  board  of  school  di- 
rectors number  of  days  each  teacher  attended,  651 
teacher's  compensation  for  attending  county  in- 
stitute, 645,  646,  647,  648 
teachers,  penalty  for  non-attendance,  644 

appropriations  for  county  institute,  643 

contribution  from  county  treasurer  to  county  in- 
stitute, .  643 

county  superintendents,  report  of  proceedings  to 
be  reported  to  superintendent  of  common  schools,  650 
to  file  his  account  of  expenditures,  in  office  of 

county  treasurer,  649 

to  report  attendance,  642,  646 


GENERAL  INDEX  517 

(The   references  are   to   the   Sections.) 

County  Institute — Continued. 

funds,  misapplication  of  funds  to  be  punished  in 
same  manner  as  collectors  of  state  and  county 
taxes,  649 

lecturers,  number  of,  to  be  reported  by  county  su- 
perintendent to  superintendent  of  common 
schools,  650 

length  of  session,  641 

members  of,  641,648 

organization  of,  641 

presiding  officers,  641 

proceedings   to   be  reported  to  superintendent  of 

common  schools  by  county  superintendent,  650 

purpose  of,  641 

revenues,  643 

roll  of  members,  report  of  attendance,  642,  646 

school  district  liable  for  teachers  compensation,        646 
teachers  attendance  to  be  reported    to    board    of 

school  directors,  651 

teachers'   compensation    for   attending   county   in- 
stitute, 645,  646,  647,  648 
teachers  penalty  for  non-attendance,  644 

County  Poor  House. 

taxation,  exempt  from  taxation,  407 

County  Superintendent. 

annulling  teacher's  certificate,  notice,  703,  704 

blank  forms  to  be  furnished  by  superintendent  of 

public  instruction,  726 

blank  forms,  to  distribute  among  proper  district  of- 
ficers, 726 
branches,   duty  to  see   that  certain  branches   are 
.  taught  in  the  schools,                                                   699 
city  and  borough  superintendents  are  not  subject 

to  the  authority  of  county  superintendents,  682 

contested  elections  of  county  superintendents,  689,  690 
convention  for  election  of,  duty  of  president  and 

secretary  of  convention,  688 

compensation — 

unlawful  for  county  superintendents  to  teach  for 

compensation,  710 

competent  teachers — 

duty  of  superintendent  on  failure  of  school  board 
to  provide  competent  teachers,  708 


5l8  GENERAL   INDEX 

(The   references   are   to   the    Sections.) 

County  Superintendent — Continued. 

convention  for  election,  form  for  notice  of,  947 

convention  of  school  directors  for  election  of  coun- 
ty superintendent,  684, 685 
countersigning  teachers'  certificate,  702 
county  commissioners  to  provide,  furnish  and  main- 
tain office  for  county  superintendent,  713 
county  institute,  account  of  to  be  filed  in  office  of 

county  treasurer,  by  county  superintendent,  649 

county  institute,  duty  to  organize,  641 

county  institutes,  county  superintendent  to  report 
to  board  of  school  directors  number  of  days  each 
teacher  attended,  651 

county   institute,   report   of,  to   superintendent   of 

common  schools,  contents  of,  650 

creation  of  office,  683 

directors  annual  meeting,  duty  of  county  superin- 
tendent to  call,  716 
directors,  annual  report  to,  204 
election  of,  contested  elections  of  county  superin- 
tendent,                                                                    689,  690 
election  of  county  superintendent,                         684,  685 
election  of,  notice  of  election,  687 
eligibility,  698 
examination  of  teachers,                                           700,  701 
hygiene — report  on  instructions  of  hygiene  to  be 

made  by  county  superintendent,  707 

immorality — removal  for,  714 

incompetence —  removal  for,  714,  715 

names  of  teachers,  to  be  furnished  list  of,  by  sec- 
retary of  board  of  school  directors,  146 
neglect — removal  for,                                                 714,715 
notice  of  election  of  county  superintendent,              687 
oath  of  office,                                                                    686 
office — creation  of  office  of    county    superintend- 
ent,                                                                            684,  685 
office — duty   of   county   commissioners   to   furnish 

and  maintain  office  for  county  superintendent,       713 
persons  using  intoxicating  drinks,  shall  not  receive 

a  certificate  as  teacher,  705,  706 

physiology — report  on  instructions  of  physiology 
to  be  made  by  county  superintendent.  707 


INDEX  519 

(The   references   are   to   the    Sections.) 

County  Superintendent — Continued. 

qualifications  of  county  superintendent, 

694,  695,  696,  697,  698 

removal  by  superintendent  of  public  instruction, 
powers,  729 

removal  of  teacher  by  county  superintendent,  legal 
requirements,  703, 704 

report  attendance  at  county  institute,  642,  646 

report  attendance  of  teachers  at  county  institute  to 
board  of  school  directors,  651 

report  of  county  institute  to  be  sent  to  superintend- 
ent of  common  schools,  650 

report  on  instructions  given  in  schools  on  physi- 
ology and  hygiene,  707 

salary  of  county  superintendent,  691,692 

school  supplies,  unlawful  for  county  superintend- 
ents to  become  agents  or  in  any  way  promote 
the  sale  of,  673 

supervision  of  high  schools,  265 

teachers  certificate,  countersigning,  702 

teachers,  duty  of  county  superintendent  to  examine 
teachers',  700, 701 

teachers — 

failure  of  school  board    to    provide    competent 

teachers,  duty  of  county  superintendent,  708 

removal  of,  by  county  superintendent,  notice, 

703,  7<H 
when   teachers'  certificate  may  be  annulled  by 

county  superintendent,  703,  704 

teaching  for  compensation  unlawful,  removal,  710 

test  of  qualifications  of  county  superintendent, 

695,  696,  697,  698 

triennial  convention,  misdemeanor    for    candidate 
for  county  superintendent  to  pay  directors  ex- 
penses to  convention,  712 
vacancies,  how  filled,                                                         693 
visiting  schools — duties  of  county  superintendent,    709 

County  Treasurer. 

county  institutes,  accounts  of,  to  be  filed  in  of- 
fice of  county  treasurer,  649 

Counties. 

adjoining,  joint  schools,  232 


52O  GENERAL  INDEX 

(The   references  are  to  the   Sections.) 

Court  Houses. 

taxation,  exempt  from  school  tax,  407 

Courts. 

directors,  school,  discretion,  reviewable  by,  244 

directors,  school,  power  to  remove,  Chapter  VII 

increase  number  of  school  directors  to  three  for 

each  ward,  5 

juvenile  court,  sessions,  550 

location  of  school  house,  review  by,  306 

quarter  sessions,  power  over  children  under  six- 
teen years  of  age,  547 

Cruelty. 

teacher,  power  of  school  board  to  pass  upon  change 
of,  60 1 

Curriculum. 

evening  high  school,  278 

joint  evening  high  school,  278 

Damages. 

appropriation  of  land,  form  of  petition  to  assess 
damages,  964 


Debt. 


abolished  or  detached  school  districts,  apportion- 
ment, 21 

building  purposes,  surplus  of  ordinary  school  tax 
may  be  used  for  payment  of  debts  for  building 
purposes,  412 

payment  of,  debts  from  a  former  year  for  school 
purposes,  should  be  provided  for  by  an  addition 
to  the  ordinary  school  tax  of  the  next  year,  411 

special  tax  for  payment  of  debts  contracted,  etc.,    413 
authorized  for'  payment  of  a  debt  contracted  in 
purchasing  ground  and  erecting  buildings,       418 

tax,  surplus  of  ordinary  school  tax  may  be  used, 
etc.,  412 


Decree. 


indebtedness,   authorizing,   notice   of   intention   to 
make  application  for  decree,  368 

increasing  without  election,  void,  349 


GENERAL  INDEX  521 

(The   references   are   to   the   Sections.) 

Deeds. 

execution  by  school  district,  60 

preserved  to  be,  by  secretary  of  board  of  school  di- 
rectors, 141 
signed  by  president  of  school  board,  127 
school  district,  to  form  of,                                               954 

Delinquent  Children. 

"delinquent  child,"  defined,  549 

trials  upon  indictment,  566 

under  age  of  12  years,  commitment,  565 

Department  of  Public  Instruction — See  "Superintendent 
of  Public  Instruction." 

clerks,  appointment  of,  728 

annual  report  to  legislature,  727 

seal  of,  728 

Diphtheria. 

children  residing  in  house  in  which  any  person  is 
suffering  from,  not  allowed  to  attend  school,  611 

duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  names  and  location  of 
persons  suffering  from,  618 

duty  of  physicians  to  report  to  secretary  of  school 
board  in  townships,  names  and  residences  of  per- 
sons afflicted,  623 

Diphtheritic  Croup. 

children  residing  in  house  in  which  any  person  is 
suffering  from,  not  allowed  to  attend  school,  611 

duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  names  and  locations  of 
persons  suffering  from,  618 

duty  of  physicians  to  report  to  secretary  of  school 
board  in  townships,  names  and  residences  of  per- 
sons afflicted,  623 

District  Superintendent. 

in  cities  of  first  class,  power  and  duties,  770 

Districts — See  "school  districts." 

adjoining  school,  disputes  among  directors  or  con- 
trollers of,  to  be  settled  by  superintendent  of 
public  instruction,  723 


522  GENERAI,   INDEX 

(The   references   are   to   the    Sections.) 

Disobedience — See  "teachers." 

teacher  may  be  dismissed  for,  599 

Dismissal. 

teacher,  causes,  249 

Discretion. 

reviewable  by  the  courts,  244 

Directors. 

absentees,  removing  of,  172 
annual  meeting,  duty  of  county  superintendent  to 
call,  716 
with  tax  collector,  450 
appointment,  by  the  court  of  quarter  sessions,  86 
arrangement  to  have  pupils  instructed  in  state  nor- 
mal schools,  845 
attorney,  employment  of,  130 
auditor  of  township  ineligible  to  office  of,  election,  109 
prohibited  from  holding  office  of,  108 
to  furnish  annual  statement  of  account,  480 

board  of  school  directors — 

abolished,  or  detached  districts,  powers  and  du- 
ties of  directors,  20 
absentees,  removing  of,                                             172 
accounts,  annual  publishing,                                     480 
separate  account  to  be  kept  of  all  moneys 

expended  for  school  supplies,  675,  664 

agreement  between  teacher  and  directors,  form 

of,  936 

annexation  of  land  for  educational  purposes, 

consent,  31 

annual  account,  to  furnish  to  auditors,  480 

meeting,  duty  of  county  superintendents 

to  call,  purposes,  716 

meeting  with  tax  collector  to  determine 

amount  of  unpaid  taxes,  450 

appointment,  by  the  court  of  quarter  sessions,     86 
made  by  board,  term,  97 

power  to  make,  97,  171 

arrangements  may  be  made  to  have  pupils  in- 
structed in  normal  schools,  845 
attendance,  officers,  employment,  536 
attorney,  employment  of,  130 


INDEX  523 

(The   references   are   to   the   Sections.) 

Directors — Continued. 

board  of  school  directors — Continued. 

auditor  of  township,  ineligible  to  office  of,  elec- 
tion, 490 
prohibited  from  holding  office  of,  108 
to  furnish  annual  statement  of  account  to,  480 
business  at  meeting  of  organization,  120 
transaction  of,  number  necessary,  117 
candidates,  rival,  determination  of  rights  of,       122 
certificate  of  election  of  directors,  123 
cities  of  second  class,  forbidden  to  employ  any 
member  thereof  in   any   capacity   in   which 
compensation  is  attached,                                     788 
of  second  class,  members  thereof  forbid- 
den to  hold  office  of  emolument,                 788 
committee  of,  power  to  expel  and  suspend  pu- 
pils,                                                                           295 
contracts,  authority  to,  342 
conveying  children  to  or  from  school,  etc., 

241,  239 

between,  of  adjoining  school  districts,  245 

heating  school,  bids,  344 

with  teacher,  589 

contractor's  bond,  power  of  board  of  directors 

to  approve,  340 

corporation,  municipal,  76 

creation  of  school  boards,  76 

county  institutes,  required  to  pay  teachers  at- 
tending, 645 
duties,  failure  to  perform,  185 
elected,  under  former  laws,  expiration  of  term,  85 
factional  organization,  117 
grounds,  may  permit  to  be  used  for  park  and 

recreation  purposes  by  public,  322 

health,    township   school     board    to     exercise 

power  of  board  of  health,  623 

indigent  blind  children,  to  establish  schools  for,  210 
joint  meeting  of,  from    different    school    dis- 
tricts, joint  schools,  233 
joint  schools,  discretionary  power  of,  243 
judgment,  authority  to  enter  in  behalf  of  dis- 
trict, 130 
legislative  powers  of  school  boards,  76 
levy  of  tax,  not  more  than  once  a  year,                 392 
liability  for  the  dismissal  of  a  teacher,                 600 


524  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Directors — Continued. 

board  of  school  directors — Continued. 

libraries,  librarian,  selection  of,  496 

may  take  private  property  for  purposes  of,   507 
receive  gifts  and  endowments  for,  504 

receive  money  for  purposes  of,  492 

selection  of  books,  497 

mandamus,  board  of  school  directors  may  be 

compelled  to  organize  as  a  board  of  health     627 
meetings,  169 

adjournment,  170 

annual,  compensation,  183 

business,  when  cannot  be  legally  transact- 
ed, 177 
election  of  teacher,  591 
failure  to  attend,  172 
motions  and  resolutions,  176 
procedure  upon  convening,  174 
quorum,  175 
regular,  179 
special,  by  whom  called,  180 
"stated"  and  "regular,"  defined,  170 
"to  adjourn  to  a  time  and  place  certain," 

meaning  of  expression,  173 

"to  meet  at  the  call    of    the    president," 

meaning  of  expression,  173 

vote,  tie,  loses  the  question,  178 

minutes  of  proceedings,  133 

resolutions  and  proceedings  to  levy  tax, 

395,  396,  397 
shall  contain  annual  statement  of  accounts, 

furnished  to  the  auditors,  480 

show  visitation  of  high  schools,  250 

taxation,  exonerations  to  be  recorded  on 

minutes  of  board,  410 

unrecorded  acts  of  school  board  not  void,   345 

oath  of  office,  118 

officers  of  board,  119 

duties  of,  126 

organization,  etc.,  116 

of  board  of  school  directors,       Chapter  V,  116 

factional,  117 

failure  to  organize,  186 

form  of  petition  for  removal  for  failure  to 

organize  promptly,  948 


GENERAL  INDEX  525 

(The   references   are   to   the    Sections.) 

Directors — Continued. 

board  of  school  directors — Continued. 

time  thereof,  120 

ouster,  for  absence,  proceedings,  173 

powers,  exercise  of,  76 

president,  attorney,  cannot  employ,  130 

certify  to  county  superintendent  number 

months  schools  were  in  operation,  131 

certify  number  of    months    schools    have 

been  kept  open,  525 

certify   number   of   months   schools   have 

been  in  operation,  131 

contracts,  deeds,  etc.,  to  be  signed  by,  127 

duties  at  close  of  school  year,  131 

employment  of  teachers,  cannot,  his  du- 
ties, 126 
liabilities  of,  132 
name  and  address  to  be  sent  to  superin- 
tendent of  public  instruction,  134 
pro  tempore,  181 
school  supplies,  unlawful  to  be  interested 
in  the  furnishing  of  books  or  any  other 
supplies,                                                            674 
signing  drafts  for  high  school,  expenses,     253 
teachers,  cannot  employ,  129 
votes  of,  127 
pupils,  power  of  school  board  to  expel  pupils,    296 
quorum,  96 
removal,  power  of  courts,                                         186 
school  books,  not  to  direct  change  in,  more 
than  once  in  every  3  years,  penalty,        666,  667 
notice  of  meeting  for  purchase  of,                 662 
school  house,  grant  use  of,  for  literary  pur- 
poses,                                                                        326 
school  supplies,  separate  account  of  all  moneys 

expended  for,  664,  675 

seat,  directors  right  to,  tie  vote,  determination 

by  board,  102 

seats  vacated,  for  failure  to  organize,  120 

secretary,  books,  monthly  report  to  be  depos- 
ited with,  at  end  of  term,  137 
compensation  of,  133 
countersign,  to,  deeds  and  contracts  of  the 
board,  135 


526  GENERAL   INDEX 

(The   references  are  to  the   Sections.) 

Directors — Continued. 

board  of  school  directors — Continued, 
secretary, 

deeds  and  contracts,  to  be  kept  by  and 

transmitted  to  his  successor,  141 

duties  of,  133 

election  of,  121 

ex-officio  member  of  the  board  of  library 

trustees,  519 

general  librarian  of  district  library,  496 

name  and  address  to  be  sent  to  superin- 
tendent of  public  instruction,  134 
office  of,  cannot  be  filled  by  person  acting 

as  treasurer,  145 

official    notice    of    absence    to    parent    or 

guardian,  form  of,  960 

order  monthly,  for  teacher's  salary,  136 

orders,  refusal  to  sign,  penalty,  142 

"Pennsylvania  School    Journal,"  file    and 
transmit  to  his  successor  in  office,  <          140 
pro  tempore,  181 

reports,  monthly,  to  receive  and  examine 

from  teachers,  136 

report  to  teachers    of    children    between 

ages  of  6  and  16,  form  of  report,  961 

salary,  may  receive,  143 

seal,  to  affix  to  deeds  and  contracts,  135 

teachers,  list  of  names  to  be  forwarded  to 

county  superintendent,  146 

to  receive  report  of  employers  of  children,   532 
to  qualify  president,  817 

valuation,  last  adjusted  of  taxable  persons 

and  property,  to  secure,  138 

special  school  for  deaf  mute  children,  208 

statutory  tribunal,  76 

tax,  for  purpose  of  free  public  libraries,  503 

support  of  library,  is  not  an  increase  of  in- 
debtedness under  the  constitution,  351 
legal  requirements  as  to  determining,  395 
levy,  minutes,                               395,  394,  396,  397 
to  determine  amount  of,                                    391 
taxation,  directors  may  levy  a  per  capita  tax  of 
one  dollar,                                                                403 
directors  to  determine  the  amount  of  tax 
annually,                                                      391, 393 


GENERAI,  INDEX  527 

(The    references   are   to   the    Sections.) 

Directors — Continued. 

board  of  school  directors — Continued. 

exonerations,  power  of  school  boards  to 

make,  minutes,  410 

minutes  of  amount  to  be  collected,        393,  395 
meeting  of  board  to  determine  amount  of 

tax,  393, 395 

minutes,       resolutions         and         proceedings 
should  appear,  395 

per  capita,  directors  may  levy  per  capita 

tax  of  one  dollar,  403 

teachers,  duty  of  directors  to  record  votes,  em- 
ploying teachers,  591 
election  of,                                                   589,  590 
election  of  certain  grades  of,  for  term  of 

three  years,  577 

employment  of,  under  act  June  25,  1895,      578 
failure    of    board    to    provide    competent 

teachers,  duty  of  county  superintendent,    708 
monthly  report  to,  585 

of  stenography  and  typewriting,  may  be 

employed,  593 

to  be  paid  for  attending  county  institutes,    645 
township  not  required  to  act  as  board  of  health 

for  new  borough,  24 

treasurer,  accounts,  annual  settlement,  147 

accounts,  settlement,  154,  155 

appropriations,  state,  to  receive,  147 

bank,  school  funds  deposited  therein,  164 

bond,  147 

discretionary  power  of,  166 

embezzlement,  160 

executions,  manner  of  payment,  153 

name  and  address  to  be  sent  to  superin- 
tendent of  public  instruction,  134 
office  of,  cannot  be  filled  by  the  same  per- 
son acting  as  secretary,  145 
orders  on,  contents,  152 
orders,  payment,  by                           147,  149,  150 
orders,  school,  violation  of  duty  to  pur- 
chase,                                                                151 
payment,  unlawful,                                             165 
powers  and  duties,                                              147 
re-appointment  of,                                               161 


GENERAL  INDEX 
(The   references  are   to   the    Sections.) 

Directors — Continued. 

board  of  school  directors — Continued. 

refusal  to  pay  over  funds,  167 

removal  of,  power  to,  168 

salary,  147 

salary,  1 58 

settlement,  when  conclusive,  162 

surcharge,  erroneous,  remedy,  163 

tax,  of  district,  to  receive,  147 

when  city  treasurer  becomes  school  treas- 
urer, 184 
truant,  may  establish  special  schools  for,           539 
United  States  flag,  may  purchase,                          327 
vacancies,  filling  of,  by  the  board,  procedure,      96 
power  of  school  board  to  fill,  84 
when  board  fills,                                                   94 
void  contract,                                                              341 
board  of  health,  in  townships,                                        623 
directors  may  be  compelled  to  organize  as  a 

board  of  health,  mandamus,  627 

of  pupils  attending  joint  schools,  240 

books,  legal  requirements  for  purchase  of,  658 

teachers  meeting  with,  for  selection  of  manda- 
tory, 659,  660,  663 
bonds,  issuing  for  centralization,  270 
issuing  for  high  school  purposes,  258 
issuing  new  for  old  at  another  rate  of  interest,    362 
issuing  to  purchase  school  sites,  372 
redeemed,   may  be,  before   or  after   maturity 

with  the  consent  of  the  holders,  362 

borough,  adopting  city  charter,  106 

in,  election  of,  etc.,  87 

boroughs  not  divided  into  wards  to  elect  six  di- 
rectors, 8 1 
borrow   money,   authorized  by   court  of  common 
pleas,                                                                                  368 
court  may  authorize,                                                  369 
for  high  school  purposes,                                         258 
for  purpose  of  erecting  school  houses  or  for 
purchasing  ground  whereon  to  erect  school 
houses,                                                                       346 
branches,  direct,                                                                  285 
buildings,  school,  duty  to  procure,                                  317 
burial  grounds,  power  to  appropriate  for  school  pur- 
poses,                                                                                313 


GENERAL   INDEX 
(The  references  are  to  the   Sections.) 

Directors — Continued. 

business,  transaction  of,  number  necessary,  117 

candidates,  rival,  determination  of  rights  of,  122 

centralization,  providing  for,  268 

certificate  of  election,  123 

cities  of  second  class,  powers  of,  in  sub-school  dis- 
tricts, 790 
compensation,  receive  no,  64 
consolidated  districts,  powers  and  duties,  4 
contract  for  transportation  of  children,  not  to  be  a 

party  to,  239 

contract  to  instruct  pupils  in  adjoining  school  dis- 
tricts, 242 
contracts,  awarding,  343 
deeds,  execution  by,  60 
made  individually,  64 
convention   of  school   directors   for   election   of  a 

county  superintendent,  684,  685 

directors   triennial   convention,   duty   of  pres- 
ident and  secretary  of,  688 
for  election  of  county  superintendent,  form  of 

notice  required  to  be  given,  947 

triennial  convention  of  school  directors,  notice, 

duty  of  superintendent  to  give  notice,  687 

courts,  power  to  remove,  Chapter  VII 

decreasing  the  number  to  two,  99 

discretion  of,  location  of  school  houses,  305, 

reviewable  by  the  courts,  ,  244 

disputes  among,  to  be  settled  by  superintendent  of 

public  instruction,  in  certain  cases,  723 

distinction,  unlawful  to  make,  on  account  of  race 

or  color,  198 

duties,  failure  to  perform,  185 

neglect  or  refusal  to  discharge,  mandamus,          305 
to  disqualify  teachers   wearing  any  religious 

dress  or  emblem  in  public  schools,  608 

elections,  contested,  how  decided,  91 

after  decrease  in  number,  100 

for  different  terms,  use  of  "stickers,"  89 

in  consolidated  districts,  4 

increasing  indebtedness,    ,  359 

judge  of,  candidate  cannot  act  as,  no 

in  boroughs,  23 

in  boroughs  not  divided  into  wards,  82 


53O  GENERAL,   INDEX 

(The   references   are   to   the    Sections.) 

Directors — Continued, 
elections, 

in  independent  school  districts,  88,  925 
of  directors,                                                  Chapter  IV 
time,  place,  78 
return  of,  how  made,  90 
under  former  laws,  expiration  of  term,  85 
voters  failing'to  designate,  term,  effect,  92,  93 
equal  number  in  each  ward,  5 
establish,  high  school  in  any  school  district,  259 
evening  schools,  duty  to  establish,  274 
provision  for  maintenance,  278 
refusal  to  establish,  280 
exempt  from  serving  in  certain  offices,  108 
expenditures,  auditors  control  of,  477 
for  care  and  protection  of  property,  323 
expenses,  liability  for,  297 
payment  of  school,  297 
fire-escapes,  criminal  liability  for  neglect  of  duty,     330 
grades  of  schools,  power  to  establish,  206 
grounds,  school,  duty  to  provide,  317 
high  schools — see  "high  schools,"  power  to  estab- 
lish, 247,  248 
power  to  make  rules,  for,  249 
supervision  of,  249 
indebtedness,  created  by,  without  assent  of  elect- 
ors, how  to  validate,  373,  375 
independent  school  district,  election  of,  in,  918 
powers  'of  directors  in,  7 
number  of  directors,  term  of  office,  88 
injunction  against,  305 
interest  in  real  estate,  to  have  no,  57 
joint  high  schools,  may  establish,  260 
joint  meetings  of  boards  of  directors,  260 
joint  meeting  of,  from  adjoining  districts,  233 
joint  schools,  establishment  of,  230 
lease  grounds,  for  park  or  recreation  purposes,       324 
liability,  personal,  301,  302 
libraries,  duties  of  directors,  497 
distribution,  506 
may  establish  and  maintain  free  public,  501 
may  extend  aid  to  libraries  already  establish- 
ed, taxes,  513 
rules  and  regulations,  to  be  established,  495 
to  select  school  house  and  provide  cases,  491 


GENERAL  INDEX  53! 
(The   references   are   to   the   Sections.) 

Directors — Continued. 

township  adjoining  borough  may  aid  an  al- 
ready established  library,  515 
location  of  school  houses,  305 
mandamus,  neglect  or  refusal  to  discharge  duty,  305 

to  restore  expelled  pupil,  295 

manual  training,  night  schools,  establishment,  284 

meeting,  annual,  called  by  county  superintendent,  183 

annual,  compensation  for  attending,  183 

of  directors  with  teachers,  school  books,  for  se- 
lection of  series,                       656,  659,  660,  661,  662 
minutes,  unrecorded  acts  not  void,  345 
motions  and  resolutions,  176 
number  may  be  increased  to  3  for  each  ward,  5 
number,  increase  of,  petition  for,  79 
notice  to,  of  time  and  place  of  holding  triennial  con- 
vention, 687 
not  municipal  officers,      .  77 
oath  of  directors,  form  of  oath,  copy  to  be  filed,  815 

office,  118 

office,  directors  may  administer  oath  to  each 

other,  816 

oath,  secretary  to  qualify  president,  817 

office  of,  incompatible  with  certain  other  offices,  109 

office,  term  of,  78 

title  to,  how  settled,  107 

official  discretion,  abuse  of,  remedy,  common  pleas,  305 

officers  of  board,  119 

organize  as  a  board,  116 

organization,  secretary  to  qualify  president,  817 

organize,  failure  to,  186 

ouster,  for  absence,  proceedings,  173 
personally  liable  for  an  unlawful  settlement  made 

with  tax  collector,  451 
petition  for  removal,  form  of,                                  948,  950 

of  patrons  for  or  against  appointment  of  teach- 
er, 594 

to  borrow  money,  371 

physical  culture,  duty  to  provide  for  instruction  in,  293 
president,  duty  to  certify  the  provisions  Act  June 

24,  1895,  P.  L.  254,  have  been  complied  with,  335 

president  pro  tempore,  181 

president,  to  qualify  all  members  of  board,  118 

pupil's  board,  no  authority  to  pay,  298 

pupils,  power  to  expel,  296 


532  GENERAL  INDEX 

(The    references  are   to   the    Sections.) 

Directors — Continued. 

purchase  or  sell  real  estate,  56 

qualify  each  other,  may,  118 

real  estate,  power  to  hold  and  convey,  high  school 

purposes,  254 

removal,  for  failure  to  elect  necessary  teacher,  188 

failure  to  provide  proper    water    closets    for 

schools — see  "water  closets,"  331 

removal,  failure  to  provide  proper  water  closets 

at  schools,  332 

for  failure  to  pay  janitor,  189 

for  non-performance  of  duties,  189 

for  refusal  or  neglect  to  perform  official  duty, 

quarter  sessions,  5 

form  of  petition  for  removal,  948, 950 

power  of,  by  court  of  common  pleas,  190 

under  act  June  6,  1893,  193 

renting  buildings,  for  high  school,  255 

report,  annual,  to  county  superintendent,  204 

report  to  superintendent  of  public  instruction,  un- 
der act  June  28,  1895, 
residence,  change  of,  effect, 

change  of,  by  school  director, 
writing, 

rule  upon,  power  of  court  to  grant, 
salary,  may  receive  when  acting  as  secretary  of  the 

board,  143 

sanitary  agent,  form  of  petition  for  appointment  of,  945 
seat,  right  to,  tie  vote,  102 

secretary,    attesting    drafts    for    high    school    ex- 
penses, 253 
of,  election,  121 
to  qualify  president,                                                   118 
pro  tempore,                                                                 181 
settlement  with  tax  collector,  school  directors  are 
personally  liable  to  district  for  unlawful  settle- 
ment with  tax  collector,                                                451 
school  books,  not  to  direct  change  in,  more  than 

once  in  every  three  years,  penalty,  666,  667 

notice  to  teachers  of  joint  meeting  for  selec- 
tion of,  661, 662 
object  of  teachers  meeting  with,  for  selection 

of,  663 

schools,  establishment,  discretionary  power  of,          196 

to  establish,  195 


GENERAL  INDEX  533 

(The   references  are  to   the   Sections.) 

Libraries — Continued. 

school  supplies,  unlawful  for  director  to  become 
agent  or  in   any  way  promote  sale  of,  misde- 
meanor, 673,  674 
site  for  high  school,  how  procured,  256 
sites  for  schools,  power  to  take  land  belonging  to 

county,  310 

power  to  take  land  for  high  school  purposes,       256 
power  to  take  ground  for  school,  303 

statement   of   receipts   and   expenditures,   may  be 

compelled  to  furnish  same  to  auditors,  481 

suits  against,  61 

tax  collector,  prohibited  from  holding  office  of,          108 

collectors,  unlawful  settlement  with,  302 

misappropriation    of  special   tax   may   render 

directors  personally  liable,  424 

for  support  of  a  library,  is  not  an  increase  of 

indebtedness  under  constitution,  351 

taxation,  no  levy  to  be  made  except  by  majority 

minutes,  396 

tax,  to  determine  amount,  391 

teachers,  employment  of,  for  high  schools,  252 

employment  of,  for  high  schools,  263 

power  of  directors  over,  586 

term  of  office,  commencement  of,  124 

expiration  of,  125 

three  to  be  elected  for  each  ward  of  every  city  and 

borough,  4 

township  of,  to  exercise  powers  of  board  of  health,    623 

in,  powers  and  duties  as  board  of  health,  623 

transportation,  contract  of,  not  to  be  a  party  to,         239 

of  pupils,  240 

of  pupils,  under  system  of  centralization,  271 

of  pupils  to  and  from  school,  recovery  against,  241 

provide  for  children,  234 

treasurer,  drafts  on,  for  expenses,  high  schools,         253 

triennial  convention,  directors'  expenses  paid  for 

attending,  711,712 

vacancies,  filling  of,  chapter  IV,  page  28 

filling  of,  at  any  election,  82 

filling  of  by  the  school  board,  96 

how  filled,  term,  80 

power  to  declare,  171 

power  to  fill  by  board,  84 


534  GENERAI,  INDEX 

(The   references   are   to   the    Sections.) 

Directors — Continued. 

without  resignation,  105 

when  board  fills,  94 
vaccination,  right  of  directors  to  exclude  pupils  for 

failure  to  be  vaccinated,  628 

visitation,  high  schools,  250 

visit  schools,  duty  to,  203 

vote,  tie,  how  to  decide,  101 
voting,  enjoined  from,  for  purchase  of  real  estate, 

having  interest  therein,  57 

wards,  court  may  appoint  three  for  each,  79 

water  supply,  contract,  337 

women  eligible  to  office  of,  103 

Drafts. 

purchase,  by  school  board  not  authorized,  300 
payment,  school  expenses,  297 
independent  school  district,  in  reporting  a  new  dis- 
trict, commissioners  should  annex  draft,  916 
expenses,  high  school,  253 

Easement. 

condemned  land,  board  acquires  no  fee,  308 
Education. 

cities  of  first  class,  see  "cities  of  first  class,"  757 
second  class,  see  "cities  of  second  class,"  788 
third  class,  see  "cities  of  third  class,"  795 
cause  of,  duty  of  superintendent  of  public  instruc- 
tion to  give  information  relative  to  matters  cal- 
culated to  promote,  724 
free,  I 
humane,  system  of,  289 

Election  Day — See  "legal  holidays,"  527 
Elections. 

ballots  for  centralization  of  schools,  269 

bonds,  for  issue  of,  in  pursuance  of  centralization,  372 

candidate  for  school  director  cannot  act  as  judge,  no 

certificate  of,  school  directors,  123 

contested  elections  of  county  superintendent,      689,  690 

how  decided,  91 

county  superintendent,  684,  685 

contested  elections  of,  689,  690 

notice  of  election  of  county  superintendent,  687 


GENERAL  INDEX  535 
(The   references   are   to   the   Sections.) 

Elections — Continued. 

directors,  school,  after  decrease  in  number,  100 
decreasing  the  number  of,  99 
failure  to  designate  on  ticket,  term,  effect,  92,  93 
for  different  terms,  use  of  "stickers,"  89 
in  boroughs  not  divided  into  wards,  82 
in  boroughs,  87 
return  of,  how  made,  90 
tie  vote,  school  board  to  determine,  102 
tie  vote,  how  to  decide,  101 
indebtedness,  decree  of  count  increasing,  void,  with- 
out an  election,  349 
increase  of,  return,  quarter  sessions,  359 
increase  of,  ballots,  359 
increase  of,  notice,  359 
to  increase,  347 
increase  of,  limited  to  2  per  centum  at  any  one 

time,  361 

increase  of,  result,  360 

validating,  ballots,  time  of  holding,  375 

validating,  to  be  governed  by  existing  laws,  376 

independent  school  districts,  in  time  and  notice,  88 

judge  of,  school  director  cannot  act  as,  no 

notice,  increase  of  indebtedness,  359 

secretary,  board  of  school  directors,  127 

tie  vote,  school  directors,  how  to  decide,  101 

tie  vote,  duty  of  school  board  to  examine,  102 

vacancies,  filling  of  at,  92 

validating  indebtedness  created  by  school  directors 

without  assent  of  electors,  373,  374,  375 

votes  for  centralization,  268 

Embezzlement. 

treasurer  of  school  district,  160 
Eminent  Domain. 

bond  of  school  district  for  damages  for  appropria- 
tion of  lands,  form  of  bond,  955 
burial  grounds,  procedure,  316 
burial  places,  power  to  take  for  school  purposes,  313 
easement  only,  acquired  by  school  board,  308 
high  school  purposes,  256 
land  owned  by  county  may  be  taken  for  educational 
purposes,  310 


536  GENERAL  INDEX 

(The   references  are  to  tke   Sections.) 

Eminent  Domain — Continued. 

libraries,  damages,  508 

school  directors  may  take  private  property  for,  507 

viewers,  appeal  from  award  of,  510 

viewers,  duty  of,  report,  509 

viewers,  notice  of  meeting,  508 

normal  schools,  appeal  from  award  of  viewers,  890 
cannot  condemn  a  public  street  to  enlarge  the 

school  grounds,  891 

enlargement  of  school  grounds,  bond,  884 
petition     for    appointment    of    viewers — see 

"forms,"  885 
viewers,  estimate  of  damages,  report,     885,  886, 887 
viewers,                                885, 886, 887,  888, 889, 890 
petition  to  assess  damages  for  taking  of  land  for  a 

school-house  lot,  form  of  petition,  964 
school  sites,  power  of  directors  to  enter  upon  and 

occupy,  for,  303 

Employment  of  Children, 

forbidden,  223 
Enlargement  of  School  Districts. 

division  of  property,  see  "school  districts,"  30 
Equity,  Court  of. 

school  directors,  review  of  official  discretion  of,  305 
Evening  Schools. 

high  school,  curriculum,  278 

admittance,  279 

branches  to  be  taught,  274 

closing  of,  274 

establishment  of,  274 

expenses,  payment,  etc.,  277 
petition  for,  274,  283 

procedure  to  establish,  274 

when  directors  refuse  to,  280 

teachers,  employment  of,  275 

qualifications,  276 

term,  274 

Evidence. 

unrecorded  acts  of  school  board  may  be  shown,  345 

school  district,  71 


INDEX  537 
(The   references   are   to   the    Sections.) 

Examination. 

calisthenics,  in,  293 

high  school,  for  admission  to,  248 

hygiene,  teachers',  568 

non-resident  pupils  attending  high  school,  272 

physical  culture,  in,  teachers',  569 

in,  293 

physiology,  in,  teachers',  568 
schools  of,  desiring  to  be  admitted  to  the  privileges 

of  normal  schools,  851 

suspension,  from  high  school,  249 

teachers',  for  permanent  certificates,  575 

Executions. 

payment,  manner  of,  153 

special  writ  of,  against  school  district,  67 

return  of  "no  funds,"  68 

against  school  district,  30 

abolished  school  district,  20 

school  district,  against,  65 

Exonerations. 

taxation,  power  of  school  boards  to  make  exonera- 
tions, minutes,  410 

Expenses. 

education  of  blind 'Children,  210 
high  schools,  payment  of,  253 
pupils  in  joint  schools,  how  paid,  238 
schools  for  deaf  mute  children,  209 
transportation  for,  children  attending  school  of  ad- 
joining districts,  238 

Experiment. 

living  animals,  on,  forbidden,  290 
Expression. 

"to  adjourn  to  a  time  and  place  certain,"  mean- 
ing of,  173 
"to  meet  at  the  call  of  the  president,"  meaning  of,    173 
"special  or  adjourned  meetings,"  meaning  of,  173 
"so  far  as  the  means  of  the  district  will  admit," 
meaning  of,  187 


538  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Expulsion. 

pupils  of,  294,  295 

by  committee  of  board,  295 

by  teacher,  296 

from  high  school,  249 

Factory. 

children  not  to  be  employed,  223 

Fees. 

attorney,  costs,  194 

land  condemned,  board  acquires  no,  308 

Fencing. 

special  tax  authorized  for  fencing  and  improving 
grounds  in  connection  with  the  erection  of  build- 
ings, 418 

Fire. 

water  supply,  contract  for,  337 

Fire  Commissioners. 

examine  fire  escapes,  duty  to,  329 

fire  escapes,  examination  of,  329 

Fire  Escapes. 

certificating  approving,  329 
county  commissioners  to  examine,  329 
criminal  liability  for  neglect,  to  erect,  330 
examination  and  approval  of,  329 
examination  of,  329 
fire  marshal,  to  examine,  •  329 
injuries  or  death  sustained  in  consequence  of  fail- 
ure, damages,  misdemeanor,  330 

Fire  Marshal. 

examine  fire  escapes,  duty  to,  329 

First  Class  School  Districts — See  "school  districts,"  17 

Flag. 

display  during  school  hours,  327 

purchase  of,  for  school  purposes,  327 


GENERAL   INDEX  539 

(The   references  are  to  the   Sections.) 

Forms. 

absence,  secretary's  official  notice  of,  to  parent  or 

guardian,  960 

accounts,  form  of  annual  statement  of  district  ac- 
counts, 937 
agreement — between  teacher  and  directors,  936 
annual  district  reports,  superintendent  of  public  in- 
struction to  furnish  blank  forms  for,  726 
application  for  state  normal  diploma,                          951 
apprenticeship  of  child  by  public  charitable  institu- 
tion,                                                                                  956 
attendance,  secretary's  official  notice  of  absence  to 

parent  or  guardian,  960 

secretary's   report  to  teacher  or  principal   of 

children  between  ages  of  six  and  sixteen,         961 

teacher's  report,  959 

bond,  for  treasurer  of  school  district,  939 

of  collector  of  school  tax,  940 

of  school  district  for  damages  for  appropriation 

of  lands,  955 

certificate  by  tax  collector  to  county  commission- 
ers of  unpaid  school  tax  on  unseated  land,       943 
of  vaccination,  physicians',  958 

certificate,  practical  teachers'  state  certificate,     952 
to  prothonotary  of  unpaid  balance  due  from 

school  tax  collector,  944 

complaint  or  information,  general  form  of,  957 

county   superintendent,   notice   of   convention   for 

election  of,  947 

deed  to  school  district,  954 

information  or  complaint,  general  form  of,  957 

inspector  of  school  accommodation,  petition  for  ap- 
pointment of,  949 
lease  of  house  and  lot  to  school  district,                       ,953 
notice  of  convention  of  school  directors  for  election 

of  county  superintendent,  947 

oath  of  collector  of  school  tax,  941 

order  on  district  treasurer,  938 

petition  for  appointment  of  inspector  of  school  ac- 
commodation, 949 
for  appointment  of  sanitary  agent  under  act 

April  11,  1899,  P.  L.  38,  945 

for  removal  of  school  directors,  948,  950 

to  assess  damages  for  a  school-house  lot,  964 

practical  teachers'  state  certificate,  952 


54O  GENERAL  INDEX 

(The   references  are  to  the   Sections.) 

Forms — Continued. 

report,  secretary's,  to  the  principal  or  teacher  of 

children  between  the  ages  of  six  and  sixteen,          961 
school  director,  petition  for  removal  of,  948,  950 

state  normal  diploma,  application  for,  951 

summons  on  parent  or  guardian,  962 

summons,  service  of,  963 

superintendent  of  public  instruction,  duty  to  pre- 
pare and  forward  blank  forms  for  district  annual 
report  to  county  superintendent,  726 

tax,  certificate,  prothonotary,  of  unpaid  balance  due 

from  tax  collector,  944 

tax  collector,  bond  of,  940 

certificate  to  county  commissioners  of  unpaid' 

school  tax  on  unseated  lands,  943 

oath  of,  941 

warrant  to  collect  school  tax,  942 

teacher's  attendance  report,  959 

treasurer,  bond  for  treasurer  of  school  district,  939 

order  on  district,  938 

vaccination,  physicians'  certificate,  958 

warrant  to  collector  of  school  tax,  942 

Fourth  Class  School  District — See  "school  districts,"  16 

Fourth  of  July — See  "legal  holidays,"  527 

Free  Education,  i 

Free  Kindergartens,  202 

Free  Public  Libraries — See  "libraries,"  501 
Fuel. 

purchase  of,  ordinary  school  tax  may  be  used  for 
the  payment  of  fuel  to  keep  schools  in  opera- 
tion, 411 
the  special  school  tax  levied  under  act  May  26, 
1897,  P.  L.  94,  may  be  used  for  payment  of 
fuel  used  in  heating  school  buildings,              413 
special  tax  authorized  for  payment  of  the  expense 
of  fuel  used  in  the  heating  of  buildings,                    418 

Furniture. 

payment  of,  ordinary  school  tax  may  be  used  for 
occasional  additions  to  furniture  when  there  is 
no  building  tax  or  fund,  411 


GENERAI,  INDEX  541 

(The   references   are   to   the    Sections.) 

Gifts. 

endowments,  library  purposes — free  from  collateral 
inheritance  tax,  504 

Good  Friday — See  "legal  holidays,"  527 

"Governess  defined,"  545 

Government. 

of  schools,  corporal-  punishment,  602,  603 

Grades  of  Schools — See  "schools." 

power  of  directors  to  establish,  206 

Grounds. 

high  school  purposes,  255 

lease  of,  park  for  recreation  purposes,  324 

purchase,  borrow  money  to,  346 

school,  expenditures  for  improvements,  323 

public  use,  322 

used  for  park  and  recreation  purposes,  322 

Guardians — See  "school  laws." 

rights   and   duties  of — duty  of  superintendent   of 

public  instruction  to  give  information,  relative  to,  724 
secretary's  official  notice  to  guardians  of  absence, 

form  of  notice,  960 

summons  on  guardians  under  compulsory  school 

law,  form  of  summons,  962 

on   guardians   under   compulsory  school   law, 
service  of  summons,  form  of  service,  963 

Health,  Board  of— See  "directors." 

township  school  board  not  required  to  act,  for  ter- 
ritory of  new  borough,  24 

Health  Officers. 

duty  of,  618 

Heating. 

contract,  bids,  344 

school  houses,  321 


542  GENERAL  INDEX 

(The   reference*   are   to   the    Sections.) 

High  Schools,  247 

admission  to,  248 

appropriation,  annual,  262 

attending  from  another  school  district,  when,  272 

bonds,  258 

borrowing  money  for,  258 

branches  to  be  taught,  251 

buildings,  255 

centralization,  course  of  instruction,  271 

courses,  supervision  of  by  state  superintendent  of 

public  instruction, 

established,  may  be  in  any  school  district, 
establishment  of, 
evening  curriculum, 

establishment, 

examination,  non-resident  pupils, 
expenses,  payment  of, 
grades  of, 
grounds  for, 
in  boroughs, 
in  cities, 

instruction,  uniform  course  of,  to  be  provided, 
joint  high  schools,  establishment, 
pupils,  expulsion  of, 
real  estate,  limit  of, 
renting,  building  for, 
sites,  how  procured, 

state  aid,  report  to  superintendent  of  public  instruc- 
tion, 
supervisipn  of, 

over, 
tax, 
teachers,  appointment  of, 

certificates, 

dismissal, 

employment  of, 

in,  qualifications, 

salaries, 

term,  length  of, 
tuition,  non-resident  pupil, 

Holy  Scriptures. 

reading  of,  in  public  schools  it  not  sectarian  in- 
struction, 610 


GENERAL  INDEX  543 
(The   references   are   to   the    Sections.) 

Home  for  Friendless  Children. 

appropriation  of  county  funds,  order  of  court,  214 

auditors,  duty  of  county,  217 

support  of,  petition  to  court  of  common  pleas,  213 

teachers,  employment  of,  qualifications,  220 

treasurer  of,  duties,  216 
trustees  and  managers,  one-third  to  be  appointed 

by  court  of  common  pleas,  215 

trustees  and  managers,  powers  of,  212 

visitors  of,  219 

Hospitals. 

taxation — exempt  from  school  tax,  407 
Houses,  School — See  "buildings,"  305 
air  space,  321 
borrowed  money,  for  erection,  346 
breaking  or  unlawful  entry,  misdemeanor,  325 
burglary,  breaking  into  at  night,  etc.,  493 
class  rooms,  321 
contract,  awarding  of,  343 
contractors,  bond,  power  of  school  board  to  approve,34O 
division  and  adjustment  upon  formation  of  new  dis- 
trict, 6 
erection,  317 
erection  of,  on  land  owned  by  the  county,  310 
fire  escapes,  328 
heating,  321 
heating,  contracts,  bids,  344 
joint,  building  of,  231 
library,  may  be  used  for  purposes  of,  502 
lighting,  320 
literary  purposes,  may  be  used  for,  326 
location  of,  305 
review  by  the  courts,  306 
plans  and  specifications,  318,  319 
protection  of,  325 
renting  of,  317 
suitable,  directors  to  provide,  190 
value,  measure  of,  in  adjusting  indebtedness,  382 
ventilation,  321 
viewers,  report  as  to  sites,  307 
water  closets,  number  and  arrangement  for  each 

school,  331 

Humane  Education,  570 

system  of,  289 


544  GENERAL   INDEX 

(The   references   are   to   the    Sections.) 

Hygiene. 

county  superintendents'   report   on   instruction   of 

hygiene,  707 

teachers,  examination  in,  568 

Immorality. 

teacher  may  be  dismissed  for,  hearing,  596 

Incompetency. 

teacher,  dismissal  for,  597 

Indians — See  "Cornplanter  Indians."  899 

Indictment. 

board  of  school  directors  liability,  132 

Indebtedness,  346 

annual  tax,  to  pay  interest  and  principal  in  thirty 

years,  355 

adjusting  between  new  and  old  districts,  350 

court  may  appoint  auditor  to  report,  384 

court  may  make  rules  for  payment  and  collec- 
tion, 386 
measure  of  value  of  school  property,  382 
notice  to  persons  to  present  claims,  failure  to 

present  claims,  385 

court  may  pass  upon  the  claims  of  third  parties,  383 
adjustment  of,  township  merged  into  one  or  more 

boroughs,  380 

where  new  districts  are  formed  by  erection  of 

boroughs  out  of  townships,  380 

bond,  bona  fide  purchasers  protected,  366 

increase  of,  356 

illegality    of   assessment    does    not    invalidate 

bonds,  367 

irregularly  issued,  recall  of,  378 

issued  since  i8th  day  of  April,  1895,  validated,    364 
issuing  in  pursuance  of  centralization,  372 

issuing  new  for  old,  at  another  rate  of  interest,  362 
issuing,  to  erect  school  buildings,  372 

issuing  to  purchase  school  sites — centralization,  372 
redeemed,   may  be,   before   or  after  maturity 

with  consent  of  the  holder,  362 

borrow  money,  petition  of  directors,  369 

school  board  may,  346 

calculating  assets  and  liabilities  to  determine,  353 


INDEX  545 

(The   references  are  to   the   Sections.) 

Indebtedness — Continued. 

certificates  of,  redeeming  of,  362 
common   pleas,   authority  to  authorize   under  act 

1871,  368 
contracts,  how  to  determine  whether  they  are  law- 
ful by  reason  of  their  increasing  the  indebted- 
ness, 353 
created  by  school  directors  without  assent  of  elec- 
tors, how  to  validate,                                          .  373,  375 
definition  of,  352 
determination  of,  353 
election,  increasing,  395 
notice  of,  on  question  of  increase,  359 
to  increase,  347 
examiner  to  take  testimony;  where  petition  is  pre- 
sented to  borrow  money,  370 
increasing,  constitutional  limitation,  346 
increase  of,  ballots,  359 
by  school  district,  356 
election,  notice,  359 
election,  result,  360 
limited  to  2  per  cent,  at  one  time,  360 
increasing,  statutes  must  be  strictly  complied  with,  357 
injunction,  restraining  increase  of,  348 
interest,  borrow  money,  346 
library,  tax  for  support,  not  increase,  under  consti- 
^  tution,  351 
limitation,  constitutional,  347 
mandamus   does   not   lie   under  act   February  28, 
1835,  to  compel  directors  to  levy  special  tax  to 
pay  district's  indebtedness,  419 
merged   districts,   adjustment   and   apportionment,  45 
adjustment  of,  380 
mortgages,  to  secure,  368 
normal  schools,  limitation  of  indebtedness,  878 
notice  to  present  claims,  385 
payment,  manner  of,  356 
receiver  appointed  by  court,  50 
redeeming  existing  indebtedness,  363 
restraining,  increase,  348 
statement,  must  show  in  detail,  filing,  356 
statement  of,  preparation,  for  purposes  of  increas- 
ing,                                                                        I  356 
statement  of,  to  be  published  annually,  354 


54-6  GENERAL  INDEX 

(The   references  are  to  the   Sections.) 

Indebtedness — Continued. 

surplus  of  ordinary  school  tax  may  be  used  for  pay- 
ment of  debts  for  building  purposes,  412 
tax,  annual,  required  by  constitution,  for  payment 

of>  355 

for  support  of  library,  not  an  increase,  under 

constitution,  351 

validate,  how  to,  created  by  school  directors  without 

assent  of  electors,  373,  374,  375 

Independence  Day — See  "legal  holidays,"  527 

Independent  School  Districts. 

abolished,  how,  10 

by  act  of  general  assembly,  when  act  to  take 

effect,  911,912 

abolishing  certain,  created  by  common  pleas,  923 

those  created  by  act  of  assembly,  924,  926,  928 

those  created  by  courts  of  quarter  sessions, 

924,  926,  928 

abolition,  when  it  takes  effect,  20 

application  to  abolish,  contents,  n 

assessment  in  independent  school  districts,  432 

assessors,  duties  of,  917 

auditors,  compensation,  472 

duties,  471 

election  of,  469 

board  of  directors,  powers,  7 

collection  of  taxes  in,  8 

costs  and  fees  for  creation,  6 

county  commissioners,  duties  of,  upon  erection  of 

new,  921 

created  by  act  of  assembly — when  they  may  be 

abolished,  924,  926,  928 

by  courts  of  common  pleas — when  certain,  may 

be  abolished,  923 

by  courts  of  quarter  sessions — when  they  may 

be  abolished,  924,  926,  928 

creation  of  new  districts,  7 

petition,  6 

courts  will  not  create,  excepting,  9 

decree  erecting,  court  may  vacate  in  certain  cases,     922 

directors — election  of,  918,  925 

elections,  manner  of  holding  in,  925 

formation,  how  new  districts  may  be  formed,  919 

policy  of  the  law  against,  9,  930 


GENERAL  INDEX  547 

(The  references  are  to  the   Sections.) 

Independent  School  Districts — Continued. 

necessity  of,  9 

new  proceedings  upon  erection  of  new,  920 

•  proceedings  to  continue,  912 

property,  revision  of  upon  abolition  of,  927 

rights,  how  determined  when  court  refuses  to 

continue,  913,914 

report  of  commissioners  in  proceedings  to  erect,         915 
reporting  a  new  district,  commissioners  should  an- 
nex a  draft,  916 
school  directors,  election  of,  88 
treasurer's  accounts,  settlement,                                      157 

Information. 

general  form  of,  957 

school  laws,  relative  to,  to  be  given  by  superin- 
tendent of  public  instruction,  724 

Injunction. 

building  tax,  court  will  continue  preliminary  in- 
junction to  restrain  collection,  until  it  appears 

that  tax  levy  was  authorized  and  legal,  415 

pupil's  board,  payment  of,  298 

restrain,  increasing  indebtedness,  348 

school  directors,  against,  305 

tax,  when  collection  of  tax  will  be  restrained,  .  423 

Inspector  of  School  Accommodations. 

appointment,  notice,  192 

petition  for  the  appointment  of,  form  of  petition,     949 

Institutes. 

see  "county  institutes,"  641,  651 
"city  and  borough  institutes,"  652,  655 
teacher's  permanent  certificate  issued  by  commit- 
tee of,  576 

Institutions  of  Learning. 

taxation,  exempt  from  school  tax,  407 

Instruction. 

uniform  course  to  be  provided  for  high  schools,  259 
Instructors. 

summer  assemblies,   superintendent  of  public   in- 
struction, to  employ,  733 


548  GENERAL  INDEX 

(The   references  are   to   the    Sections.) 

Insubordination. 

teacher  may  be  dismissed  for,  599 

Insurance. 

normal  schools,  insurance  money  to  held  in  trust 

by  state  treasurer,  897 

insurance  money  to  be  used  for  repairing  and 
rebuilding,  898 

Interest. 

borrow  money,  346 

tax,  annual,  required  for  the  payment  of,  355 

Interstate  Comity,  582 

Intoxicating  Drinks. 

branches — effects  of  alcoholic  drinks,  stimulants, 
etc.,  upon  human  system  required  to  be  taught 
in  public  schools,  707 

persons  using,  shall  not  receive  a  certificate  as  a 
teacher,  705, 706 

Jail. 

taxation — exempt  from  school  tax,  407 

Janitors. 

dismissal  of.  for  refusing  to  be  vaccinated, 

failure  to  pay, 

penalty  for  failure  to  comply  with  public  health 
acts,  619, 620 

salary  of  janitors  may  be  paid  out  of  funds  raised 

by  special  building  tax,  413 

special  tax,  authorized  for  payment  of  ex- 
penses of  janitor  employed  to  care  for  school 
buildings,  418 

vaccination  of,  dismissal  for  refusing  to  be,  598- 

Joint  Evening  High  Schools,  278 

Joint  Evening  Schools,  275 
Joint  High  Schools. 

establishment,  260 
Joint  Meetings. 

directors,  from  adjoining  districts,  233 


GENERAL  INDEX  549 
(The   references   are   to   the    Sections.) 

Joint  Schools. 

board  of,  pupils  attending-,  payment,  240 
contract  between  school  districts  to  form  joint 

schools,  245 

discretion  of  directors,  reviewable  by  the  courts,  244 
discretionary  power  of  directors  relative  to  which 

school  pupil  shall  attend,  243 

establishment  of  joint  schools,  230 

for  adjoining  counties,  232 

expenses  and  tuition,  how  paid,  238 

house,  building  of,  231 

proceedings  for  establishment,  233 

transportation  of  pupils,  cost,  237 

recovery  for,  241 

tuition,  non-resident  pupils,  246 

Judge. 

of  election,  candidate  for  school  director  can  act  as,  no 
Judgment. 

abolished  school  district,  20 
against  school  district,  30,  65 

failure  to  comply  with  laws,  75 

execution  on,  procedure  against  school  district,  70 

payment  of  judgment  against  school  district,  65 

rendered  by  justice  of  peace  against  school  district,  72 

report  of  viewers — land  taken  for  library  purposes,  509 

school  district,  judgment  against,  65 

school  districts,  61 

Jury. 

trial  by — land  taken  for  library  purposes,  510 
Justice  of  Peace. 

suits  by,  against  school  district,  72 
Juvenile  Court. 

action  by  judge,  powers  of  the  court  may  be  exer- 
cised upon  trial,  554 
certificate  of  district  attorney,  powers  of  court  may 

be  exercised  upon,  553 
of  justice  of  peace,  powers  of  court  may  be  ex- 
ercised upon,  552 
of  magistrate,  powers  of  court  may  be  exer- 
cised upon,  552 


5  SO  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Juvenile  Court — Continued. 

children,  discharged  from  reformatory,  558 
commitment,  limit  of,  562 
of  child,  557 
control  of  children,  555 
delinquent  child  under  twelve  years  of  age,  com- 
mitment, 565 
guardianship — appointment  of,  559 
home  family,  commitment  of  child  to,  564 
jail,  unlawful  to  confine  child,  in  certain  cases,         .  561 
judge,  power  of — control  of  children,  555 
legal  adoption,  awarded,  559 
petition  of  citizen,  powers  of  court  may  be  exer- 
cised upon,  551 
police  station,  unlawful  to  confine  child,  in  certain 

cases,  561 

probation  officers,  appointment  of,  556 

duties  of,  556 

records,  550 

religious  belief  of  children,  commitment,  563 

sessions,  550 

Kindergartens,  202 

school  age  for  children  to  attend  free  kindergar- 
tens, 202 

Labor  Day — See  "legal  holidays,"  527 
Land — See  "eminent  domain." 

abandoned,  for  school  purposes,  308 

burial  places,  may  be  taken  for  school  purposes,  313 

condemned,  for  school  purposes,  title,  308 
county,  owned  by,  may  be  taken  for  educational 

purposes,  310 

library  purposes,  taken  for,  507 

purchase,  borrowed  money,  346 
school  sites,  power  of  directors  to  enter  upon  and 

occupy,  303 

Laundry. 

employment  of  children,  223 
Laws. 

women  eligible  to  office  of  control  or  management 

under,  103 


GENERAL   INDEX  551 

(The   references  are   to   the   Sections.) 

Lease. 

building  for  school  house,  special,  building  tax  may 

be  used  for,  422 

grounds  for  park  or  recreation  purposes,  324 

house  and  lot  to  school  district,  form  of,  953 

Lecturers. 

summer  assemblies,  superintendent  of  public  in- 
struction to  employ,  733 

Legal  Holidays,  527 

schools  not  to  be  kept  open  for  instruction  on  hol- 
iday, 526 
teaching  on  legal  holidays  forbidden,                     526,  528 

Legal. 

residences,  104 

Legislature. 

duty  to  establish  schools,  I 

Leprosy. 

children  residing  in  house  in  which  any  person  is 
suffering  from,  not  allowed  to  attend  school,  611 

duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools  name  and  location  of 
persons  suffering  from,  618 

Levy. 

tax,  time  of  making  the  levy,  394 

Liens. 

filing  of,  when  and  how  tax  claims  must  be  filed,       428 
lien  of  taxes,  427 

Libraries. 

aid  from  borough  councils,  517,  518 

aid  to  already  established,  from  school  district,          513 
agreement  between  borough  and  adjoining  town- 
ship to  aid  library,  515 
annual  accounts,  of  school  directors,                              492 
report  of  managers  receiving  aid  from  adjoin- 
ing townships,  516 
books,  larceny  of,                                                               493 
larceny  of,  how  punished,                                         493 
legal  possession,                                                          499 


552  GENERAL,   INDEX 

(The   references  are  to  the   Sections.) 

Libraries — Continued, 
books, 

lost,  liability  for,  494 

issue  list,  499 

purchase  of,  492 

selection  of,  497 

title  of,  493 

use  of,  498 

use  of,  regulated,  494 

borough  councils  may  aid  free  public,  517,  518 

boroughs  in,  aid  by  adjoining  township,  515 

collateral  inheritance  tax,  gifts  and   endowments, 

free  from,  504 

district  school,  establishment  of,  491 

established  and  maintained  by  adjoining  school  dis- 
tricts, .  522 
free  public,  may  be  established  and  maintained  by 

school  districts,  501 

gifts  and  bequests,  500 

and  endowments  for,  504 

librarian,  assistant,  496 

manager's  annual  report,  audit,  514 

private  property  taken  for  purposes  of,  appeal  from 

award  of  viewers, 
damages, 

viewers,  notice  of  meeting, 
viewers,  report  of, 
rules  and  regulations, 
books,  ownership, 

burglary,  breaking  into  at  night,  etc., 
private  property  may  be  taken  for  purposes  of, 
trustees,  when  election  may  be  dispensed  with, 
viewers,  appeal  from  award  of,  assessing  land  taken 

for,      •  510 

school  directors,  powers  of,  500 

school,  purchased  with  school  fund,  taxation  for 

purposes,  426 

supervision  and  inspection  of  state  librarian,  521 

taxes  for  purposes  of,  501,  503,  522 

taxation  for  purposes  of  free  public  libraries, 

425, 426,  503 

public  libraries  are  exempt  from  school  tax,        407 
townships  adjoining  boroughs  may  extend  aid  to 

existing  libraries,  515 

trustees,  election,  519 


GENERAL  INDEX  553 

(The  references  are  to  the   Sections.) 

Libraries — Continued. 

election,  when  it  may  be  dispensed  with,  520 

powers  and  duties,  election,  term  of  office,  519 

term  of  members,  519 

vacancy,  519 

viewers,  compensation  of,  assessing  land  taken  for,  512 

Librarian — See  "libraries,"  496 

Literary  Purposes. 

school  house,  may  be  used  for,  326 

houses  may  be  used  for  free  public  libraries, 

see  "libraries,"  502 

tax,  annual,  for  support,  not  an  increase  of  indebt- 
edness, under  constitution,  see  "libraries,"  351 

Lighting. 

school  houses,  320 

Lincoln's  Birth-day — See  "legal  holidays,"  527 

Liquor  License. 

money,  portion  of,  to  be  paid  to  school  district,  931 

Literary  Societies,  296 

Loco  Parentis. 

school  teacher  is  in,  when  child  is  placed  by  parent 
in  school,  602,  603 

Mandamus. 

controllers,  school,  neglect  or  refusal  to  perform 

duty,  305 

directors,  to  restore  expelled  pupils,  295 

evening  schools,  directors  refusal  to  establish,  280 

manual  training  night  schools  to  establish,  284 

office  of  school  director,  107 

office   of  school  teacher  must  be  settled  by   quo 

warranto,  605 

pupils,  expelled  from  school,  295 

school  directors  may  be  compelled  to  organize  as 

a  board  of  health"  by  writ  of,  627 

neglect  or  refusal  to  discharge  duty,  305 

special  levy,  mandamus  does  not  lie  to  compel  di- 
rectors to  levy  special  tax  to  pay  district's  in- 
debtedness under  act  February  28,  1835,  419 
treasurer  compelled  to  pay  order  by,  166 


554  GENERAI,   INDEX 

(The   references  are  to   the   Sections.) 

Manual  Training  Night  Schools. 

term,  284 

Manufacturing. 

children — employment  of  children  in  manufactur- 
ing industries,  223 

schools  for  instruction  of,  may  be  established  by 
city  councils  of  any  city,  783 

Maps. 

agents  for  sale  of,  who  cannot  act  as  agents,  misde- 
meanor, punishment,  673 

Market  House. 

taxation,  market  house  owned  by  a  borough  is  not 
subject  to  school  or  building  tax,  407 

Mechanic  Arts, 

schools  of  instruction  in, 
Meeting  Houses. 

taxation — exempt  from  school  tax,  407 

Meetings. 

absentees,  removal  of,  by  school  directors,  172 

annual,  of  school  directors,  compensation,  183 

board  of  directors  and  controllers,  notice,  169 

of  school  directors,  business,  when  cannot  be 

legally  transacted,  177 
of  school  directors,  motion  and  resolutions,  176 
of  school  directors,  of,  tie  vote,  178 
directors  of,  record  of,  adjournment,  172 
procedure  upon  convening,  174 
school,  absent,  ouster  proceedings,  173 
joint,  directors  from  adjoining  districts,  233 
high  school  directors  of  adjoining  districts,  260 
quorum,  board  of  school  directors,  175 
regular,  of  board  of  school  directors,  179 
"stated"  and  "regular"  meetings  of  boards  of  di- 
rectors or  controllers,  denned,  170 
special,   of   board   of   school   directors,   by   whom 
called,  181 


GENERAL   INDEX  555 

(The  references  are  to  the   Sections.) 

Misdemeanor. 

board  of  school  directors,  guilty  of,  132 

break  or  enter  school  house,  325 

directors  fail  to  publish  annual  account,  480 

refusal  or  neglect  to  suspend  teachers  wearing 
any  religious  dress  or  emblem  in  public 
schools,  608 

draw  order  for  other  than  a  legitimate  purpose,          132 
indebtedness,  failure  to  publish  statement  of,  an- 
nually, 354 
treasurer,  misappropriate  school  funds,  160 

Membraneous  Croup — See  "public  health." 

children  residing  in  house  in  which  any  person  is 

suffering  from,  not  allowed  to  attend  school,          611 
duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  names  and  loca- 
tions of  persons  suffering  from,  618 
of  physicians  to  report  to  secretary  of  school 
board  in  townships,  names   and  residences 
of  persons  afflicted,  623 

Memorial  Day — See  "legal  holidays,"  527 

Militia. 

director,  exempt  from  performance  of  duty,  108 

Mining. 

schools  for  instruction  of,  may  be  established  by 
city  councils  of  any  city,  783 

Minutes. 

board  of  directors  agreeing  to  send  pupils  to  ad- 
joining school  district,  242 
and  controllers,  tax,  determining  amount, 

395. 295,  397 

showing  agreement  of  transportation  of  pupils,  241 
contracts  between  school  districts,  245 

contract  for  erection  of  school  house,  345 

directors,  establishing  joint  high  school,  260 

election  of  school  teacher,  591 

evidence,  unrecorded  acts  not  void,  345 

taxation — exonerations  made  by  school  board  to  be 

recorded  on  minutes  thereof,  410 


556  GIvNERAI,   INDEX 

(The   references  are   to   the    Sections.) 

Minutes — Continued. 

minutes  of  school  board  should  show  proceed- 
ings and  votes  in  determining  amount  of 
school  tax,  395>396,397 

of  board  of  directors  as  to  amount  to  be  col- 
lected, 393 
unrecorded  acts  of  school  not  void,  345 
visitation,  of  high  school,                                                250 

Mortgages. 

indebtedness  to  secure,  368 

Motions  and  Resolutions. 

of  board  of  directors,  176 

Municipal  Officers. 

school  directors  are  not,  77 

Municipality. 

taxation,  property  of  a  municipality  owned  and 
used  for  public  purposes  is  not  taxable,  unless 
specifically  made  so  by  law,  407 

Museums. 

taxation,  public  museums  are  exempt  from  school 
tax,  407 

Negligence. 

school  district's  accountability,  63 

teachers  disobeying  reasonable  rules  of  school 
board  is  negligence  for  which  they  may  be  dis- 
missed, 598 

Negotiable. 

orders,  school,  not,  299 

warrants,  school,  not,  299 

New  Year's  Day — See  "legal  holidays,"  527 

Night  Schools — See  "evening  schools,"  274 

manual  training,  284 
Non-resident  Pupil. 

•.  tuition,  payment,  246 


GENERAL  INDEX  557 

(The   references   are   to   the    Sections.) 

Normal  Schools. 

admission  of  students  on  school  district's  account, 

examination,  843 

of  teachers  from  the  common  schools,  846 

qualifications,  841 

allowance,  instruction  of  pupils  drawing  an  allow- 
ance from  the  state,  867 
of  fifty  dollars  to  graduates  of  normal  schools, 

868,869 
to  students  who  agree  to  teach  in  the  common 

schools,  866 

annual  reports  of  trustees,  833 

application  for  state  normal  diploma,  forms  of  ap- 
plications, 951 
of  schools  to  be  admitted  to  the  privileges  of 

normal  schools,  851,852 

appropriation  for,  expenses  of  board  of  examiners,      847 

from  state,  distribution  of,  877 

from  the  state,  865 

bonds  and  mortgages,  execution  of,  liens,  880,  881 

books,  text-books,  842 

buildings,  834 

buildings,  lodging  rooms  and  refectories,  835 

condemnation  of  real  estate,  enlargement  of  school 

grounds,  bond,  884 

of  real  estate,  petition,  appointment  of  viewers,  885 
proceedings,  estimate  of  damages,  887 

proceedings,  viewers,  appeal  from  award  of,         890 
streets    cannot    be    appropriated    to    enlarge 

school  grounds,  891 

certificates  of  graduation,  853,  854,  855,  856 

certificate,  provisional,  degree  of  scholarship,  859 

certificate  of  scholarship,  853,  854 

course  of  study,  839 

diploma,  second,  857 

forms  of  applications  for  state  normal  diploma,  951 
districts,  828 

eminent  domain,  884 

establishment  of  normal  schools,  830 

requisites  for  the  establishment  of  a  normal 

school,  863 

examinations,  manner  of  holding,  849 

of  graduating  class,  board  of  examiners,  847 

of  schools  desiring  to  be  admitted  to  the  priv- 
ileges of  normal  schools,  851 


558  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Normal  Schools — Continued. 

board  of  examiners,  847 

extension  of  corporate  privileges,  eminent  domain,    891 
graduates  under  age  of  seventeen  years  not  entitled 

to  fifty  dollar  allowance,  869 

graduation,  examination  of  candidates  for,  853 

graduating   class,    examinations   of,   board   of   ex- 
aminers, 847 
graduation,  number  of  votes  necessary  to  obtain  a 

certificate,  858 

second  diploma,  857 

grounds,  enlargement  of,  condemnation  of  real  es- 
tate, bond,  ,  884 
indebtedness,    bonded    indebtedness    may    be    re- 
funded, 879 
execution  of  bonds  and  mortgages,  liens,      880,  881 
increase  of  mortgage,  statement  to  auditor  gen- 
eral, 879 
limitation  of,                                                              878 
no  power  to  mortgage  without  special  statu- 
tory authority,  882 
insurance  money  to  be  held  in  trust  by  state  treas- 
urer, 897 
to  be  used  for  repairing  and  rebuilding,  898 
library  for  use  of  students,  836 
liens,  mechanics'  liens,  normal  schools  subject  to,      883 
management  of  normal  school  by  boards  of  trustees,  831 
mechanics'  lien,  normal  schools  subject  to,  883 
model  schools,  840 
mortgages  and  bonds,  execution  of,  liens,             880,  881 
officers  of  institutions  receiving  state  aid  shall  not 

furnish  supplies,  misdemeanor,  892,  893 

operation,  when  they  shall  go  into  operation  as  nor- 
mal schools,  862 
principal,  838 
professors,  837 
provisional  certificate,  degree  of  scholarship,  859 
pupils  from  school  districts  may  be  instructed  in 

normal  schools,  845 

power  to  expel,  296 

qualifications  for  admission,  841 

real  estate,  state  may  purchase  real  estate  of  normal 

schools  in  certain  cases,  894 

scholarship,  certificate  of,  853,  854 

schools  for  practice,  840 


GENERAL  INDEX  559 

(The   references  are   to   the   Sections.) 

Normal  Schools — Continued. 

when  they  shall  go  into  operation  as  normal 

schools,  862 

state  appropriation,  865 

appropriation,  distribution  of,  877 

trustees,  appointment,  864 

graduates    agreeing    to    teach    in    public    schools 

to  receive  allowance  of  fifty  dollars,  868 

allowance  of  fifty  dollars  to  graduates  of,      868,  869 
instruction  of  pupils  drawing  an  allowance  from 

the  state,  867 

mortgage,  increase  of,  statement  to  auditor  gen- 
eral, 879 
schools  desiring  to  be  admitted  to  the  privileges  of 

normal  schools,  examinations,  851 

students,  instruction  of  pupils  drawing  an  allow- 
ance from  the  state,  867 
students  who  shall  sign  agreement  to  teach  in 
public  schools  for  two  years  to  receive  al- 
lowance of  fifty  dollars,                               868, 869 
allowance  to  students  who  agree  to  teach  in 

the  common  schools,  866 

trustees  of  institutions  receiving  state  aid  forbid- 
den to  furnish  supplies,  misdemeanor,  892,  893 
students  admitted  to  school  on  school  district  ac- 
count, examination,  843 
compensation  from,                                                    844 
duty  of  students  who  graduate  on  district's  ac- 
count,                                                                       860 
power  to  expel  students  attending  on  district 

account,  850 

qualification  for  admission,  841 

superintendent  of  public  instruction  to  advise,  861 

teachers,  qualifications,  837 

text  books,  842 

thirteenth  district  erected,  829 

trustees,  annual  reports,  833 

election  and  appointment,  870,871,872,873 

elected  by  contributors  or  stockholders,  871 

first  election  and  appointment  of,  873 

management  of  normal  schools  by   board   of 

trustees,  831 

may  arrange  with  school  directors  for  instruc- 
tion of  pupils  in  normal  schools,  845 
meeting  of  board  of  trustees,                                  876 


560  GENERAL,  INDEX 

(The   references   are   to   the    Sections.) 

Normal  Schools — Continued. 

trustees, 

power  of  board  of  trustees  to  receive,  hold  and 

use  real  and  personal  property,  832 

powers  of,  870 

powers  and  privileges  of  the  two  classes  of 

trustees,  875 

quorum,  874 

state  trustees  appointment,  864 

state  trustees,  nomination  and  appointment,       872 
visitation,  833 

tuition  fees,  844 

viewers  to  condemn  real  estate  for  purposes  of, 

885,  886,  887, 888,  889,  890 
to  condemn  real  estate,  report,  885,  886,  887 

visitation  by  trustees,  833 

Notice. 

claims  against  school  district,  48 

Nuisances. 

in  townships,  abatement  of  by  school  board,  624 

Oath. 

auditors,  failure  to  take,  484,  439 

power  to  administer,  475 

collector  of  school  tax,  form  of,  941 

county  superintendent,  judge  of  court  of  common 

pleas  may  administer  oath  of  office,  686 

oath  of  office,  686 

oath  of  office  to  be  filed  in  department  of  com- 
mon schools,  686 
superintendent  of  public  instruction  may  ad- 
minister oath  of  office,  686 
directors,  oath  of  office,  118 
president  of  board  to  certify  number  of  months 

schools  have  been  kept  open,  131 

tax  collector  to  be  sworn,  439,  941 

Oath  of  Office. 

board  of  public  education  of  cities  of  first  class,  759 
Occupation  Tax. 

per  capita  tax  to  be  in  lieu  of  occupation  tax,  405 

Offenses. 

out  of  school,  604 


GENERAL   INDEX  56l 

(The   references  are  to   the   Sections.) 

Office. 

borough  office,  school  directors  exempt  from  serv- 
ing in,  108 
change  of  residence,  effect,  104 
city  office  school  director,  exemption  from  serving 

in,  108 

control  or  management,  women  eligible  to,  103 

director,  auditor  ineligible  to  hold  office  of,  490 

right  to  office  must  be  settled  by  quo  warranto,  107 

effect  of  borough  adopting  city  charter,  105 

incompatible  with  that  of  collector  of  school 

tax,  constable,  pathmaster,  etc.,  109 

term  of,  124,  125 

oath  of,  by  school  directors,  118 

school  director,  auditor  ineligible  to  hold,  490 

secretary  and  treasurer  cannot  be  filled  by  the  same 

person,  145 

township  office,  school  director  exempt  from  serv- 
ing in,  108 
treasurer  and  secretary  cannot  be  filled  by  the  same 

person,  145 

of  board  of  school  directors,  is  an  appointed  of- 
ficer, 168 
of  board  of  school  directors,  147 
when  city  treasurer  becomes  school  treasurer,    184 

Officers. 

board  of  school  directors,  their  duties,  126 

health,  duty  of  health  officers,  618 

pro  tempore,  officers,  182 

school  board,  officers  of,  119 

Organization. 

directors,  business  at  meeting  of  organization,  120 

directors,  board  of,  time,  116,120 

failure  to  organize  as  a  board,  186 

factional  organization  of  board  of  school  directors,    117 
failure  to  form,  by  school  directors,  120,  186 

school  for  deaf  mute  children,  208 


Order. 


drawn  for  other  than  legitimate  purposes,  a  mis- 
demeanor, 132 
on  treasurer,  contents,  152 


562  GENERAL  INDEX 

(The   references  are  to   the   Sections.) 

Organization — Continued. 

payment,  by  treasurer  of  board  of  school  directors, 

147,  149,  150 

president  of  school  board,  drawn  by,  128 

purchase  of  school  order  by  treasurer,  violation  of 

duty,  151 

school  orders  not  negotiable,  299 

state  appropriation  for,  superintendent  of  public  in- 
struction to  sign,  725 
sign,  refusal  to,  by  secretary  of  board  of  school  di- 
rectors, penalty,  142 

Orphan  Children— See  "children." 

admission  to  public  schools,  221 

Ouster. 

directors,  for  absence,  proceedings,  173 

Parents. 

rights  and  duties  of,  duty  of  superintendent  of 
public  instruction  to  give  information  relative  to, 
see  "school  laws,"  724 

secretary's  official  notice  to  parents  of  absence, 
form  of  notice,  960 

summons  on,  under  compulsory  school  law,  form 
of  summons,  962 

summons  on  under  compulsory  school  .law,  form 
of  service  of  summons,  963 

whose  children  are  refused  admission  to  school  are 
not  liable  to  penalty  provided  by  compulsory  ed- 
ucation law,  616 

Parties  to  Contract. 

conveying  children  to  or  from  school,  239 

Parks. 

lease  of  grounds  for,  324 

school  grounds  may  be  used  by  public  for  recre- 
ation purposes,  322 

Parochial  Schools. 

vaccination,  persons  in  charge,  required  to  refuse 
admission  of  any  child  except  upon  a  certificate 
signed  by  a  physician,  613 


GENERAL  INDEX  563 

(The   references  are  to   the    Sections.) 

Patrons. 

petition  for  or  against  appointment  of  teacher,  594 

teachers  appointment,  right  to  petition  for  or 
against,  594 

Pathmaster,  Office  of. 

incompatible  with  that  of  school  directors,  109 
Pennsylvania  School  Journal. 

supplied  to  each  district  at  expense  of  state,  140 

Permanent  Certificates — See  "certificates,"  574 

committee  on,  at  city  and  borough  institutes,  654 

Permanent  State  Teachers'    Certificate — See    "certifi- 
cates," 579 

Per  Capita  Tax. 

collection  of  per  capita  tax,  405 

may  be  levied  for  school  purposes,  403,  404,  405 

occupation  tax,  to  be  in  lieu  of,  405 

Petition. 

annexation  of  land  for  educational  purposes,  peti- 
tion for,  964 
appointment  of  teacher,  right  of  patrons  to  petition 

for  or  against,  594 

centralization,  petition  for,  268 

damages,  to  assess  damages  for  a  school  house  lot, 

form  of  petition,  964 

evening  school,  petition  for,  274,  283 

manual  training  night  school,  284 

sanitary    agent,    form    of,    for    appointment,    see 

"forms,"         ^  945 

school  directors,  for  removal  of,  form  of,  948,  950 

viewers  for  appointment  of,  to  view  and  condemn 
land  belonging  to  county,  312 

Physical  Culture,  286,  292 

Physician. 

certificate,  to  admit  pupils  excluded  from  school 
under  "public  health  acts,"  612 

health  authorities  to  furnish  certain  blank  certifi- 
cates, 617 


564  GENERAI,   INDEX 

(The   references  are  to  the   Sections.)  . 

Physician. 

penalty  for  failure  to  comply  with  public  health 
acts,  619, 620 

township  in,  duty  to  report  certain  cases  to  sec- 
retary of  school  board,  623 

vaccination,  liability  of  borough  for  expenses  in- 
curred by  board  of  health  employing  physician,  631 

Physiology. 

county  superintendent's  report  on  instruction  of,      707 
experiments  on  living  animals  forbidden,  290 

Play  Grounds. 

land,  appropriation  for,  313 

Police  Power  of  State. 

act  June  18,  1895,  P.  L.  203,  is  a  valid  exercise  of,  622 
Population  of  Different  Classes  of  Cities,  17,  18,  19 

Practical  Teachers  State  Certificate. 

forms  of,  952 

President — See  "directors." 

board  of  school  directors,  duties  of,  126 

orders,  power  to  draw,  128 

teachers,  cannot  employ,  129 

President  Pro  Tempore. 

board  of  school  directors,  181 

Prescription. 

school  board  cannot  acquire  title  by,  308 

Principals. 

blanks,  health  authorities  to  furnish  certain  blank 
certificates,  617 

school,  penalty  for  failure  to  comply  with  public 
health  acts,  619,  620 

vaccination,  required  to  refuse  any  child  to  school 
except  upon  physicians  certificate,  613 

Printing  Office. 

children,  employing  of,  223 


GENERAL   INDEX  565 

(The   references   are  to   the    Sections.) 

Private  Schools. 

vaccination,  persons  in  charge  required  to  refuse 
admission  to  any  child  except  upon  a  certificate 
signed  by  a  physician,  613 

Probation  Officers. 

appointment  of,  duties  of,  556 

care  of  delinquent  child,  560 

Proceeding. 

under  act  of  April  9,  1867,  power  to  discontinue,  309 
Process,  Legal. 

service  of  against  school  district,  61 

Professional  Certificate — See  "certificate,"  572 

Property — See  "school  houses,"  see  "buildings." 

compensation,  paid  by  borough    to    township  for 

school  property,  44 

deteriorate,  school  property  allowed  to,  189 

division,  school  property  upon  formation  of  new 

district,  26 

division  of,  28 

protection  of  school,  of  cities  and  boroughs,  322 

trust  property,  tax  on,  408, 409 

Provisional  Certificates — See  "certificates,"  571 

Public  Art  Galleries. 

taxation,  exempt  from  school  tax,  407 

Public  Grounds. 

use  of  school  grounds,  322 

Public  Health  Acts — See  "vaccination." 

act  June  18,  1895,  P.  L.  203,  is  constitutional,  622 

blanks,  health  authorities  to  furnish  certain  blanks,   617 
children,  certain  not  allowed  to  attend  school  re- 
siding in  house  in  which  any  person  is  suffering 
from  certain  diseases,  611 

compulsory  education  law  not  in  conflict  with,         616 
exclusion  of  certain  pupils  under  same,  period  of 

exclusion,  612 

health  officers,'  duty  of,  618,  619,  620 


566  GENERAL,  INDEX 

(The  references  are  to  the   Sections.) 

Public  Health  Acts — Continued. 

janitor,  penalty  for  failure  to  comply  with  law,  619,  620 

physicians'  certificate  to  admit  certain  pupils  ex- 
cluded under  public  health  acts,  purpose  of,  612 

principal,  penalty  for  failure  to  comply  with  law, 

619,  620 

principals  of  schools  to  refuse  admission  of  chil- 
dren except  upon  physician's  certificate  of  vac- 
cination, 613 

sanitary  agent,  form  of  petition  for  appointment 

of,  945 

sanitary  agent  in  townships,  appointment  of  form 

of  petition,  625,  633,  945 

school  directors  may  be  compelled  to  organize  as  a 

board  of  health,  mandamus,  627 

sexton,  penalty  for  failure  to  comply  with  law,  619,  620 
superintendent  of  Sunday-school  penalty  for  failure 

to  comply  with  law,  619,  620 

townships,  duty  of  school  board  in,  626 

school  board  to   exercise  power  of  board  of 

health,  623 

vaccination,  law  applies  to,  621 

vaccination,  certificate  of,  must  be  presented  by 
pupils,  616 

forms  of  physicians'  certificate  of,  958 

law  applies  to  townships,  621 

of  children  is  a  condition  precedent  to  admis- 
sion into  the  public  schools,  616 
physicians  certificate  of,  under  Act  June   18, 

1895,  Sec.  12,  see  "forms,"  615,958 

right  of  teachers  to  exclude  pupils   for  fail- 
ure to  be  vaccinated,  614 

Public  Museums. 

taxation,  exempt  from  school  tax,  407 

Public  Instruction. 

department  of,  717,  718,  719 

superintendent  of,  see  "superintendent  of  public 
instruction,"  718, 719 

Public  Libraries. 

taxation,  exempt  from  school  tax,  407 


GENERAL  INDEX  567 

(The   references   are   to   the   Sections.) 

Public  Schools— See  "schools." 

establishment  of,  195 

colored  children,  right  to  attend,  198 

right  to  attend,  197 

Public  School  System. 

creation  of,  I 

creature  of  state  constitution  and  laws,  I 

Pupils. 

absent,  duty  of  teacher  to  report,  542 

adjoining  districts,  attending  school  in,  272 

attending  adjoining  school  districts,  242 

attending  joint  schools,  expenses,  how  paid,  238 

attending  higher  grades  of  schools  in  other  dis- 
tricts, 273 
board  of,  240 
payment,  298 
attending  joint  schools,  payment,                           240 
conveyance  of,  to  central  schools,                                 267 
corporal  punishment,  right  of  teacher  to  use,      602,  603 
directors  may  arrange  to  have  pupils  instructed  in 

normal  schools  in  certain  cases,  845 

examination,  non-resident  attending  high  school,      272 
evening  schools,  admittance,  279 

excluded   from   school   because   of   "public   health 

acts,"  period  of  exclusion,  612 

expulsion,  294 

by  teacher,  296 

from  high  schools,  249 

from  normal  schools,  296 

power  of  school  board,  296 

jurisdiction  and  authority  of  teacher  over,  offences 

out  of  school,  604 

non-resident,  tuition,  246 

tuition,  payment  of,  246 

refused  admission  to  school,  parents  are  not  liable 

to  penalties  of  compulsory  education  law,  when,    616 
residence  of,  200 

residing  in  house  in  which  persons  are  suffering 
from  certain  diseases,  not  allowed  to  attend 
school,  6 1 1 

rights  and  duties  of,  duty  of  superintendent  of  pub- 
lic instruction  to  give  information  relative  to, 
see  "school  laws,"  724 


568  GENERAL   INDEX 

(The   references   are   to   the    Sections.) 

Pupils — Continued. 

suspension  from  high  schools,  249 

suspension,  294 

teachers  monthly  report,  585 

transportation  of,  where  centralization,  271 

transportation  of,  cost  of,  273 

see  "transportation,"  234-241 

truants,  disposition  of,  537 

vaccination,  right  of  teachers  to  exclude  pupils  for 

failure  to  be,  614 

of,  is  a  condition  precedent  to  admission  into 

the  public  schools,  616 

pupils  must  present  certificate  of,  616 
right  of  school  directors  to  exclude  pupils  for 

failure  to  be  vaccinated,  628 

Quarter  Sessions — See  "juvenile  court,"  550 

annexing  land,  for  educational  purposes,  31 

of  adjoining  school  districts,  petition,  contents,  33 

auditor  may  be  appointed  to  adjust  indebtedness,  384 

certification  of  new  school  districts,  39 
children  under  age  of  16  years,  jurisdiction  in  pro- 
ceedings affecting  treatment  and  control  of  de- 
pendent, neglected,   incorrigible  and  delinquent 

children,  548 

under  16  years  of  age,  power  of  courts  over,  547 

commitment  of  children,  557 

decree  creating  new  school  districts,  39 
of    annexation    of    land    for   school    purposes, 

decree  set  aside,  when,  35 
delinquent  children,  548 
dependent  children,           ,  548 
detachment  of  lands  from  school  district,  proceed- 
ings, 36 
directors,  appointment  of,  86 
decrease  of  number  to  two,  99 
power  to  remove,  185 
removal  for  failure  to  elect  necessary  teach- 
ers, 188 
removal  for  failure  to   provide   proper  water 

closets,  332 
removal  for  refusal  or  neglect  to  perform  of- 
ficial duty,  305 
removal  of,  failure  to  organize  properly,  117 
election  returns,  increase  of  indebtedness,  359 


GENERAL  INDEX  569 

(The   references  are  to   the   Sections.) 

Quarter  Sessions — Continued. 

incorrigible  children,  548 

independent   school    district   created   by   court   of 
quarter  sessions,  when  they  may  be  abolished, 

924,  926,  928 

neglected  children,  548 

trials  of  delinquent  children  upon  indictments,          566 
vacate  seats  of  school  directors,  for  failure  to  or- 
ganize, 120 
viewers,  appointment  of,  to  condemn  land  owned 
by  county,                                                                           312 

Quorum. 

board  of  school  directors,  175 

Quo  Warranto. 

office  of  school  director,  right  to,  107 

teacher  must  be  settled  by,  605 

Race. 

no  distinction  to  be  made,  198 

Real  Estate — See  "eminent  domain." 

directors  shall  have  no  interest  in  property  pur- 
chased, 57 
division  of,  28 
upon  formation  of  a  new  school  district,  26 
high  schools,  for,  254 
new  school  district,  undue  proportion,  47 
normal  schools,  condemnation  of  real  estate,  en- 
largement of  school  grounds,  bond,  884 
condemnation  of  real  estate,  petition  for  ap- 
pointment of  viewers,  885 
state    may    purchase    real    estate    of    normal 

schools  in-  certain  cases,  894 

purchase,  by  school  districts,  '  56 

of  real  estate  injoined,  57 

sell,  alien,  etc.,  by  school  districts,  56 

trust,  real  estate  held  in,  58 

trustees,  sale  by,  58 

Receiver. 

appointment  of  by  court  of  common  pleas,  50 

duties,  powers,  50 

indebtedness  of  school  districts,  50 


57O  GENERAL  INDEX 

(The  references  are  to  the   Sections.) 

Record.  * 

of    suits    before    justices    and    aldermen    against 

school  districts,  contents,  73 

unrecorded  acts  of  school  board  not  void,  345 

Recovery. 

for  transportation  of  pupils,  see  "joint  schools,"      241 
Registry. 

school,  to  exhibit  names  and  residences  of  all  chil- 
dren admitted  or  rejected  for  reasons  of  public 
health  acts,  617 

Regulations. 

high  schools,  for,  249 

school  director,  written,  98 

Relapsing  Fever. 

child  residing  in  house  in  which  any  person  is  suf- 
fering from,  not  allowed  to  attend  school,  611 
duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  names  and  location  of 
persons  suffering  from,  618 
physicians  to  report  to    secretary    of    school 
board  in  townships,  names  and  residences  of 
persons  afflicted  with,  623 

Remonstrance. 

appointment  of  teachers,  against,  594 

Removal. 

residence  from,  effect,  104 

Repairs. 

payment  of,  ordinary  school  tax  may  be  used  for 
the  payment  of  occasional  repairs,  when  there 
is  no  building  tax  or  fund,  411 

tax,  building  tax  cannot  be  levied  for  ordinary  re- 
pairs but  may  be  for  "completing  improvements 
in  school  buildings  contemplated  at  the  time  of 
their  erection,"  421 

Report,  Annual. 

failure  to  make,  205 


GENERAL,  INDEX  5/1 

(The   reference!  are  to  the   Sections.) 

Report. 

director's  report  to  superintendent  of  public  in- 
struction, under  Act  June  28,  1895,  264 

libraries,  annual  report  by  managers,  receiving  aid 
from  adjoining  townships,  516 

monthly  report  from  teachers  to  secretary  of  school 
board,  136 

principals,  monthly  report,  291 

teachers  monthly  report,  291 

Residence. 

adjoining  school  districts,  attending  school  in,  242 
change  of,  effect,  104 
children  attending  schools  in  adjoining  districts,  238 
inmates  attending  charitable  institutions,  199 
legal  residence,  104 
of  pupils,  200 
pupils  attending  school  in  adjoining  districts,  tui- 
tion, payment,  246 

Resolution. 

tax,  to  pay  annual,  for  support  of  library,  351 

Revenues  for  School  Purposes — See  "taxation." 

liquor  license  money — portion  to  be  paid  to  school 
fund  in  certain  cases,  931 

trespass  upon  private  property — penalties  recov- 
ered for,  to  be  paid  to  the  school  fund,  932,  933,  934 

Rules. 

high  schools,  for,  249 

Sanitary. 

water  supply  for  sanitary  purposes,  contract,  337 

Sanitary  Agent. 

appointment  of,  in  townships,  625,  633 

compensation  in  townships,  625 

petition  for  appointment  of,  form  of  petition,  see 

"forms,"  945 

Salaries. 

teachers,  in  high  schools,  249 


572  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Salary. 

« 

county  superintendent,  how  paid,  691,692 

director,  school  may  receive  when  acting  as  sec- 
retary of  the  board,  143 
janitors,  payment  of,  may  be  made  out  of  funds 

raised  by  a  special  building  tax,  413 

school  teacher,  minimum  salary  of,  595 

secretary  of  school  board,  salary  of,  143 

payment  of  salary,  ordinary  school  tax  may  be 

used  for  the  payment  of  salary  of,  411 

teacher's,  order  for,  136,  150 

treasurer's  salary,  per  centage,  158 

treasurer  of  board  of  school  directors,  salary  of,         147 

Saturday. 

school  not  to  be  kept  open  for  instruction  on,           526 
Scarlet  Fever. 

child  residing  in  house  in  which  any  person  is  suf- 
fering from,  not  allowed  to  attend  school,  611 

duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  the  names  and  location 
of  persons  suffering  from,  618 

duty  of  physicians  to  report  to  secretary  of  school 
board  in  townships,  names  and  residences  of  per- 
sons afflicted,  623 

Scientific  and  Educational  Instruction. 

cities  may  establish  institutions  for,  acquisition 

of  property,  trustees,  783,  826 

Scholars— See  "pupils,"  "children." 

directors  may  arrange  to  have  children  instructed 
in  normal  schools  in  certain  cases,  845 

Schools. 

absent  pupils,  duty  of  teacher  to  report,  542 

agriculture,  instruction   in,    cities    may  establish 

schools  for,  783,826 
application  of  schools,  to  be  admitted  to  the  privi- 
leges of  normal  schools,  851,  852 
athletics,  201,821 
attendance,  closed  by  reason  of  small,  235 
attending  school  in  adjoining  districts,  242 


GENERAL   INDEX  573 

(The   references   are   to   the    Sections.) 

Schools — Continued. 

blanks,  health  authorities  to  furnish  certain  blanks 

to  persons  in  charge,  617 

books,  see  "books,"  656,  675 

use  of,  during  vacation,  665 

purchase  of,  see  "books,"  664 

branches,  duty  of  county  superintendent  to  see  that 

certain  branches  are  taught,  699 

central  schools,  267 

centralization  of,  elections  for,  269 

commerce,    instruction    in,    cities    may    establish 

schools  for,  783,  826 

contractor's  bond,  power  of  school  board  to  ap- 
prove, 340 
contracts,  void,  341 
Cornplanter  Indians,  for,  899,  904 
compulsory  attendance,  529 
deaf  mute  children,  for,  208 
elections  for  centralization,  269 
establishment  of  schools,  195,  2/4,  783 
establishment,  discretionary  powers  of  directors,  196 
examinations  of  schools  desiring  to  be  admitted  to 

the  privileges  of  normal  schools,  851 

expenses,  payment  of,  297,  301 

free  kindergartens,  202 

government  of,  corporal  punishment,  602,  603 

grades  and  transfers,  regulation  of,  207 

grades,  power  to  establish,  206 

grounds,  expenditures  for  improvements,  323 

may  be  used  for  park  and  recreation  purposes,    322 
heating,  contract  for,  bids,  344 

higher  grades,  attending  from  other  districts,  273 

houses,  air  space,  321 

awarding  contract,  343 

class  rooms,  321 

fire  escapes,  328 

heating,  321 

lighting,  320 

location  of,  305 

location  of,  review  by  courts,  306 

plans  and  specifications,  318,  319 

unlawful  entry  or  breaking,  misdemeanor,         325 
ventilation,  321 

inspector  of  school  accommodations,  form  of  peti- 
tion for  the  appointment  of,  949 


574  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Schools — Continued. 

joint  evening  high  schools,  •    278 

laws,  duty  of  superintendent  public  instruction  to 

give  information  relative  to,  724 

libraries,  see  "libraries,"  491,522 

taxation  for  purposes  of,  426 

management  of,  duty  of  superintendent  of  public 

instruction  to  give  information  relative  to,  724 

manufacturing,  instructions  in,  cities  may  estab- 
lish schools  for,  783 
maintenance  and  support,  see  "taxation,"  390 
maintenance,  constitutional  provision  for,  390 
mechanic  arts,  201 
mining,  instruction  in,  cities  may  establish  schools 

for,  783 

night  schools,  see  "evening  schools,"  274 

offences  out  of  school,  604 

order,  not  negotiable,  299 

principal,  penalty  for  failure  to  comply  with  public 
health  acts,  619,  620 

supervising  principal  of  schools,  duties  of,  680,  681 
property,  measure  of  value  in  adjusting  indebted- 
ness, 382 
property  of  independent  school  district,  revision  of 

upon  abolition  of  district,  927 

property,  protection  of  in  cities  and  boroughs,  322 

pupils  excluded  from  attending  school  because  of 

public  health  acts,  period  of  exclusion,  612 

registry,  to   exhibit  names   and   residences   of   all 
children  admitted  or  rejected  for  reasons  of  pub- 
lic health  acts,  617 
requisites  for  the  establishment  of  a  normal  school,  863 
residence,  right  to  attend  school,  200 
revenues  for  school  purposes,  see  "taxation,"  390 
right  to  attend  school,  197 
school  month,                                                                       526 
scientific  instruction   cities  may  establish  schools 

for,  783, 794 

sectarianism,  appearances  of,  to  be  avoided  in  pub- 
lic schools,  606 
sites  for  school  buildings,  see  "eminent  domain," 

303,  304 

sites,  burial  places,  appropriation  of,  313 

land  owned  by  county,  may  be  taken,  310 

report  of  viewers,  307 


INDEX  575 

(The   references  are   to   the   Sections.) 

Schools — Continued. 

special  school  for  habitual  truants,  539 

superintendent  of,  in  boroughs,  676 

in  cities  of  first  class;  powers  and  duties,         770 
in  cities  of  first  class;  qualifications  of  appli- 
cants, 771 
in  townships,                                                                 680 
of  public  instruction,                                          717,  718 
supplies,  authority  to  contract  for,  342 
officers  of  institutions  receiving  state  aid  for- 
bidden to  furnish  supplies,  misdemeanor, 

892, 893 

taxation  for  support,  constitutional  provision,  390 

vaccination  is  a  condition  precedent  to  admission 
into  the  public  schools,  see  "vaccination,"  616 

persons  in  charge  of  schools  required  to  refuse 
admission  of  any  child  except  upon  a  certifi- 
cate signed  by  a  physician,  613 
report  of  directors  to  exclude  children  for  fail- 
ure to  be  vaccinated,  628 
visiting,  duty  of  county  superintendent,  709 
visit  of,  by  directors,                                                         203 
warrants,  not  negotiable,                                                  299 
water  closets,  number  and  arrangement  for  each,      331 
water  supply,  contract  for,                                               337 
when  certain  schools  may  go  into  operation  as  nor- 
mal schools,                                                                     862 

School  Boards — See  "directors." 

a  deliberative  body,  601 

cities  of  second  class  forbidden  to  employ  any  mem- 
ber thereof  in  any  capacity  in  which  compensa- 
tion is  attached,  788 
cruelty  of  teachers,  power  of  board  to  pass  upon 

charge,  601 

discretionary  power  relative  to  sending  children  to 

adjoining  school  districts,  243 

dismissal  of  teacher  for  immorality,  by,  597 

of  teacher  for  incompetency,  by,  597 

of  teacher  for  refusing  to  be  vaccinated,  598 

of  teacher  for  wearing  any  religious  dress  or 

emblem,  608 

duties  of  township  school  boards  to  make  health 
regulations,  626 


576  GENERAL  INDEX 

(The    references   are   to   the    Sections.) 

School  Boards — Continued. 

duty  to  disqualify  teachers  wearing  religious  dress 

or  emblem  in  public  schools,  608 

employment  of  physician  by  school  board,  school 

district  not  liable,  629 

health,  township  school  board  to  exercise  power  of 

board  of  health,  623 

liability   of   school   board   for   the   dismissal   of   a 

teacher,  600 

meeting  with  teachers  for  the  selection  of  school 

books,  656,  659,  660,  663 

minutes,  books,  legal  requirements  for  purchase  of,  658 
dismissal  of  teacher  must  be  set  upon,  597 

of,  employment  of  teacher,  591 

money,  may  borrow,  346 

president  of,  duty  to  make  report  of  amount  of  sal- 
ary paid  teachers,  to  superintendent  of  public  in- 
struction, 595 
school  books,  notice  of  meeting  for  purchase  of,  see 

"books,"  662 

secretary's  official  notice  of  absence  to  parent  or 

guardian,  form  of,  960 

report  to  teachers  or  principals  of  children  be- 
tween ages  of  six  and  sixteen  years,  form  of 
report,  961 

sectional,  in  cities  of  first  class,  agents,  769 

in  cities  of  first  class,  election,  term,  762 

in  cities  of  first  class,  eligibility,  oath,  compen- 
sation, 764 
in  cities  of  first  class,  organization,  report,          767 
in  cities  of  first  class,  powers  and  duties  of,         766 
in  cities  of  first  class,  secretaries,  768 
taxation,  exonerations,  powers  of  school  boards  to 

make  exonerations,  minutes,  410 

townships  in,  abatement  of  nuisances,  624 

of,  to  exercise  power  of  board  of  health,  623 

School  Books — See  "books,"  656 

agents  for  sale  of,  who  cannot  act  as  agents,  mis- 
demeanor, punishment,  673, 674 

School  Buildings. 

debts,  surplus  of  ordinary  school  tax  may  be  used 
for  payment  of  debts  for  building  purposes,  412 


INDEX  577 

(The   references   are   to   the   Sections.) 

School  Buildings — Continued. 

erecting,    special    tax    authorized    for    purpose    of 

erecting  school  buildings,  418 

furnishing,  special  tax  authorized  for  purpose  of 

furnishing  school  buildings,  418 

lease  of  house  for  school  building,  special  building 

tax  may  be  raised  to  lease  and  fit  it  up,  422 

repairs,  ordinary  school  tax  may  be  used  for  the 
payment  of  occasional  repairs  when  there  is 
no  building  tax  or  fund,  411 

special  building  tax  cannot  be  levied  for  or- 
dinary repairs,  but  see  proviso,  421 
uses,  purposes  for  which  school  houses  may  be  law- 
fully used,  609 

School  Directors — See  "directors." 
School  Districts. 

abolished,  districts  division  of  moneys,  20 
abolishment,  procedure,  n 
accounts,  form  of  annual  statement  of  districts'  ac- 
counts, 937 

two  settlements  contemplated,  476 

actions  by  or  against  school  district,  55,  61 

by  or  against  merged  districts,  53,  42 

adjoining,  attending  high  school  in,  272 

attending  school  in,  242 

contracts  between,  245 

districts,  may  join  in  aiding  free  public  library 

already  established,  522 

districts  may  join  in  establishing  free  public 

library,  522 

joint  schools,  230 

alteration  of  township  or  borough  lines,  effect,  20 

or  abolution,  when  same  takes  place,  20 
amount  of  teachers'  salary  to  be  reported  to  super- 

tendent  of  public  instruction,  595 

annexation  of  land  for  educational  purposes,  31 

of  part  or  parts  of,  30 

annexed  to  borough,  apportionment  of  debts,  21 

assessment  in  independent  school  districts,  432 

in  new  school  districts,  431 

assessor,  salary  of,  how  paid,  546 

attachment  against,  52 

when  premature,  69 


5/8  GENERAL  INDEX 

(The  references  are  to  the   Sections.) 

School  Districts — Continued. 

attending  school  in  adjoining,  242 

auditor's  report,  appeal  from,  by  taxpayer,  489 

report  of,  see  "auditors,"  483 

blank  forms  to  be  distributed  among  proper  of- 
ficers by  county  superintendent,  726 
books  for,  meeting  of  directors  and  teachers  for  se- 
lection of,                                  656,659,660,661,662 
books,  legal  requirements  for  purchase  of,  see 

"books,"  658 

bonds,  bona  fide  purchasers  protected,  365 

for  increase  of  indebtedness,  356 

illegality  of  assessment  does  not  invalidate,  367 
irregularly  issued,  recall  of,  378 

issued  since  i8th  day  of  April,  1895,  validated,  364 
issuing  new  for  old  at  another  rate  of  interest,  362 
of  school  district  for  damages  for  appropriation 

of  lands,  form  of,  955 

redeemed,   may  be,  before  or  after  maturity 

with  consent  of  holders,  362 

borough  and  township  divided,  procedure,  25 

and  township,  when  one  district,  25 

every  borough  a  separate  school  district,  2 

shall  share  in   rights   and  liabilities  of  town- 
ships from  which  formed,  42 
borrow  money,  interest,                                                     346 
building  tax,  not  to  be  levied  during  division  of 
township  or  school  district  or  erection  of  a  bor- 
ough,                                                                                 416 
changes  in  school  districts,                                                 20 
children  may  attend  higher  grades  in  other  dis- 
tricts,                                                                                273 
city,  every,  a  separate,  2 
cities  of  first  class,  see  "cities,"                                      757 
of  second  class,  see  "cities,"                                 757 
of  third  class  to  constitute  a  separate  school 

district,  see  "cities,"  796 

claims  against,  notice  to  persons  having  same,  48 

classification  of,  12 

there    is    no    constitutional    objection    to    the 

classification  of  school  districts,  813;  note  22 

composed  of  cities  or  boroughs,  divided  into  wards,       4 
compensation,  cannot  demand  for  real  estate  an- 
nexed to  borough,  21 
consolidated  school  districts,  4 


GENERAL  INDEX  579 

(The   references  are  to   the   Sections.) 

School  Districts — Continued. 

to  elect  separate  board  of  directors,  4 

contract  between  school  districts,  245 
conveying  children  to  or  from  school,  not  to  be 

a  party  to,  239 

contracts,  how  executed,  60 

corporate  bodies,  55 

corporations,  school  districts  are,  liability,  64 

creation  of  school  districts,  2 

debt,  authorized  by  court  of  common  pleas,  368 

deeds,  execution,  60 

to,  form  of,  954 

detachment  of  lands  from  proceedings,  36 

directors  to  establish  schools,  195 
disputes    among    directors    or    controllers,    to    be 

settled  by  superintendent  of  public  instruction,  723 
distinct,  when  a  borough  is  formed  of  part  of  a 

township,  22 

divided  into  wards,  4 

division  of,  as  affecting  tax  levy,  40 
documents  and  valuable  papers  to  be  kept  by  sec- 
retary of  board  and  transmitted  to  successor  in 

office,  141 

election  of  directors,  78 
employment  of  physician  by  school  board,  district 

not  liable,  629 

enlargement  of,  division  of  property,  30 

estopped  to  deny  statement  to  repudiate  bonds,  365 

evening  schools,  joint,  275 

evidence  for,  71 

execution  against,  •  65 

on  judgment  against,  procedure,  70 
fines,  under  compulsory  attendance  law,  disposition 

of,  535 

first  class,  13 

formation  of  new,  division  of  property,  28 

fourth  class,  16 

friendless  child,  duty  of  directors  of,  218 

high  school,  attending  in  another  school  district,        272 
may  be  established  in  any  district,  259 

indebtedness,  adjusting  between,  new  and  old  dis- 
tricts, 350 
adjusting  court  may  pass  upon  the  claims  of 

third  parties,  383 

adjustment  of,  where  new  districts  are  formed,    380 


580  GENERAI,   INDEX 

(The   references  are  to   the   Sections.) 

School  Districts — Continued, 
indebtedness, 

adjustment,  township  merged  into  borough,  380 
annual  statement  of,  legal  requirements,  filing,  358 
annual  tax  to  provide  for  payment  in  thirty 

years,  355 

apportionment    between    districts    that    have 

merged  into  one  or  more,  45,  380 

bonds,  bona  fide  purchasers  protected,  366 

calculating  assets  and  liabilities  to  determine,  353 
collection  of,  49 

court  to  make  rules  for  collection  and  payment,  386 
created  by,  without  assent  of  electors,  how  to 

validate,  373, 375 

election  increasing,  359 

how  credited,  51 

how  to  determine,  lawful,  353 

increase  of,  356 

illegality  of  assessments   does  not  invalidate 

bonds,  367 

injunction  to  restrain  increase,  348 

limitation,  347, 359 

mandamus  does  not  lie  to  compel  directors  to 

levy  special  tax  to  pay  districts'  indebtedness,  419 
may   increase   to   amount   exceeding  two   per 

centum  with  assent  of  electors,  359 

power  of  common  pleas  to  adjust,  369 

redeeming  existing  indebtedness,  363 

statement  of,  to  be  published  annually,  354 

independent,  abolished  by  act  of  general  assembly, 

when  act  to  take  effect,  911,912 

abolished,  how,  10 

assessors,  duties  of,  917 

auditors,  election  of;  470 

created  by  act  of  assembly,  when  they  may  be 

abolished,  924, 926 

created   by   court   of   quarter   sessions,    when 

they  may  be  abolished,  923,  924,  926 

creation  of,  6 

decree  erecting,  court  may  vacate  in   certain 

cases,  922 

directors,  election  of,  918,925 

elections  in,  regulated,  925 

election  of  school  directors,  88 

elections,  time  and  notice,  88 

formation,  policy  of  the  law  against,  930 


GENERAL,  INDEX  581 

(The   references  are  to  the   Sections.) 

School  Districts — Continued, 
independent, 

how  they  may  be  formed,  919 

how    property    rights    are    determined    when 

court  refuses  to  continue,  913,  914 

policy  of  the  law  against  formation  of,  9 

proceedings,  to  continue,  912 

proceedings  upon  erection  of  new,  920 

property,  revision  of,  upon  abolition  of,  926 

report    of    commissioners    in    proceedings    to 

erect,  .       915 

reporting  a  new  district,  commissioners  should 

annex  draft,  916 

treasurers'  accounts,  157 

when  districts  become  such,  7 

when  district  may  become,  7 

judgment  against  school  district,  30 

against,  land  taken  for  library  purposes,  507 

against,    rendered    by   justiqe    of   peace,    pro- 
cedure, 72 
lease  of  house  and  lot  to  school  district,  form  of,        953 
legal  process,  service  of,                                                     61 
liable    for    teacher's    compensation    for    attending 

county  institute,  646 

liabilities  of,  55,  75 

libraries,  see  "libaries,"  491 

adjoining  districts  may  join  in  establishing  and 

maintaining  free  public  libraries,  522 

establishment  of,  491 

may    establish    and    maintain    free    public    li- 
braries, 501 
library,  distribution  of  among  the  various  schools,    506 
mandamus  does  not  lie  to  compel  directors  to  levy 

a  special  tax  to  pay  districts'  indebtedness,  419 

meeting,  annual  of  directors,  compensation,  183 

merged,  adjustment  of  indebtedness,  380 

adjustment  of  rights  and  liabilities,  45,  380 

merger  of,  rights  and  liabilities,  38 

negligence,  liability,  63 

new,  balance  due  to,  for  undue  proportion  of  realty,     47 

certification  of,  39 

directors,  election  of,  78 

division  of  property  upon  formation,  26 

when  recognized  independent,  7 

when  territory  becomes  part  of,  37 


582  GENERAL  INDEX 

(The  references  are  to   the   Sections.) 

School  Districts — Continued. 

normal  school  districts,  828 

not  bodies  corporate  or  politic,  629 

order  on  treasurer,  form  of,  938 
physician,  employment  of  by  school  board,  liability 

under  act  1899,  629 
powers  and  liabilities,                                                   55,  75 
no,  except  statutory  grant,  64 
property   conveyed   by   academy  to,   trustees,   ap- 
pointment of,  powers  and  duties,              905,  909 
measure  of  value  of,  in  adjusting  indebtedness,  382 
quasi  corporations,  63 
with  limited  powers,  629 
real  estate,  may  purchase,  56 
receiver  appointed,  50 
residents,  not  entitled  to  free  admission  to  schools 

of  adjoining,  200 

revenue,  liquor  license  money  payable  to,  931 
penalties  recovered  for  trespass  upon  private 

property  to  be  paid  to  school  fund,  932, 933,  934 
rights  and  liabilities  ascertained,  42 
second  class,  14 
schools  for  deaf  mute  children,  expenses,  208,  209 
separate,  2 
single,  creation,  4 
state  appropriation,  orders  for  to  be  signed  by  su- 
perintendent of  public  instruction,  725 
state  appropriation  forfeited  for  failure  to  report 

amount  of  salary  paid  teachers,  595 

sue  and  be  sued,  may,  55 

sub-districts,  abolishment  of,  267 

sub-school  districts  of  cities  of  second  class,  790 

suits  against,  record  of,  73 

suits  by  or  against,  management,  61 
tax,  annual,  to  be  provided  to  pay  indebtedness  in 

thirty  years,  355 
of,  to  be  received  by  treasurer,  147 
taxables  in,  triennial  enumeration,  41 
taxes,  additional  assessment  made  of  those  moving 
into  districts  between   last  assessment  and 
May  first,  430 
may  extend  aid  to  already  established  libraries,  513 
teacher's  compensation,  while  attending  county  in- 
stitute, school  district  liable  for,  646 


GENERAL   INDEX  583 

(The   references   are  to   the    Sections.) 

School  Districts — Continued. 

teachers  of  stenography  and  typewriting,  may  be 

employed,  593 
third  class,                                                                      15,  796 
township,   every  township  a  separate  school  dis- 
trict, 2 
merged  into  one  borough,  53 
treasurer,  bond  of,  form  of,  939 
order  on,  form  of,  938 
treasurer's  remedy  for  erroneous  surcharges,  163 
trustee,  appointment  of,  for  property  conveyed  by 

academy  to,  905 

water  supply,  contract  for,  337 

witnesses,  inhabitants,  71 

tuition,  non-resident  pupil,  246 

Schools,  Evening. 

admittance,  729 

term,  274 

School  Fund. 

auditors'  fine  for  neglect  of  duty,  485 

fine  of  $300.00,  failure  to  publish  annual  account,       480 

School  Furniture. 

payment  of,  ordinary  school  tax  may  be  used  for 
payment  of  occasional  additions  to  furniture 
when  there  is  no  building  tax  or  fund,  411 

School  Grounds. 

purchase  of,  special  tax  is  authorized  for  the  pur- 
chase of  school  grounds,  418 
School  Houses. 

borrow  money,  to  erect,  346 

burglary,  breaking  into  at  night,  etc.,  493 

consolidated   districts,  4 

Cornplanter  Indians,  for,  provision  for  erection  of,    901 
employees  may  be  dismissed  by  directors  for  refus- 
ing to  be  vaccinated,  59$ 
erection,  when  court  will  enjoin,  349 
erecting   special   tax    authorized    for   purposes   of 

erecting  and  furnishing  buildings,  418 

debts,  surplus  of  ordinary  school  tax  may  be  used 

for  payment  of  debts  for  building  purposes,  412 

furnishing,  special  tax  authorized  for  purchase  of 
erecting  and  furnishing  building,  418 


584  GENERAL   INDEX 

(The   references  are   to   the   Sections.) 

School  Houses — Continued. 

lease  of  building  for,  special  building  tax  may  be 

used  for,  422 

libraries,  selection  of,  library  purposes,  491 

library,  may  be  used  for  purposes  of,  502 

protection  of,  325 

repairs,  ordinary  school  tax  may  be  used  for  the 
payment  of  occasional  repairs  when  there  is 
no  building  tax  or  fund,  411 

special  building  tax  cannot  be  levied  for  or- 
dinary repairs,  but  see  proviso,  421 
taxation,  school  houses  belonging  to  any  county, 
borough  or  district  are  exempt  from  county,  city, 
borough,  road,  school  and  poor  tax,  407 
uses,  purposes  for  which  it  may  be  lawfully  used,      609 

Schools,  Joint. 

see  note. 

establishment  of,  230 

houses,  building  of,  231 

School  Laws  and  Decisions. 

copies  for  distribution,  736 

to  be  placed  bi-ennially  in  each  public  school,  735 

Schools,  Normal — See  "normal  schools." 

pupils,  powers  to  expel,  296 

Schools,  Public  High. 

admission  to,  248 

appropriations,  annual,  262 

attending  from  another  school  district,  272 

borrowing  money  for,  258 

branches  to  be  taught,  251 

buildings,  255 

centralization,  instruction,  271 
courses,  supervision  of,  by  state  superintendent  of 

public  instruction,  266 

establishment  of,  248 

established,  may  be,  in  any  school  district,  259 

evening,  establishment,  278 

examination  for  admission,  248 

non-resident  pupils,  272 

expenses,  payment  of,  253 

grades  of,  261 


GENERAL  INDEX  585 

(The   references   are   to   the    Sections.) 

Schools,  Public  High — Continued. 

grounds,  255 
joint  high  schools,  260 
in  boroughs,  247 
in  cities,  247 
instruction,  uniform  course  of,  to  be  provided,  259 
real  estate,  value,  limit  of,  254 
renting,  building  for,  255 
sites,  how  procured,  256 
state   aid,   report  to  superintendent  of  public   in- 
struction, 264 
supervision  over  pupils,  265 
over,  249 
tax,  257 
teachers,  appointment  of,                                   •  249 
certificates,  252 
dismissal,  249 
employment  of,  263 
qualifications,  252 
salaries  of,  249 
term,  length  of,  253 
tuition,  non-resident  pupils,  272 

School  Supplies— See  "books." 

agents  for  sale  of,  who  cannot  act  as  agents,  mis- 
demeanor, punishment,  673 
president  of  school  board,  unlawful  to  be  interested 

in  the  furnishing  of  books  or  any  other  supplies,     674 
purchase,  664 

ordinary  school  tax  may  be  used  for  the  pay- 
ment of  school  supplies,  411 

School  Tax— See  "building  tax,"  "taxation,"  "tax  col- 
lectors," 416,  390,  442,  447 
adjusted  valaution,  county  commissioners  to  fur- 
nish to  board  of  directors  and  controllers,  400 
amount  of  tax  and  kind  of  taxables,                        398,  399 
school  board  to  determine  amount  of  tax  an- 
nually,                                                            391,  393 
annual  meeting  of  tax  collector  and  board  of  school 
directors  and  controllers  to  ascertain  amount  of 
unpaid  taxes,  450 
assessment,  additional  assessment  made  of  those 
moving   into    district    between    last   assess- 
ment and  first  of  May,  430 


586  GENERAL  INDEX 

(The   references  are  to  the   Sections.) 

School  Tax — Continued. 

in  independent  school  districts,  432 

in  new  school  districts,  431 

of  tax,  429 

book  of  tax  collector  to  be  kept  subject  to  inspec- 
tion, /\^?- 
building  purposes,  special,  tax  for,  413 
tax   to   be   kept   separate   from   the   ordinary 

school  tax,  417 

cities  of  third  class,  434,  823 

claims,  how  and  when  claims  must  be  filed,  428 

collection  of  taxes,  in  boroughs  and  townships,          435 
election  of  tax  collector  in  boroughs  and  town- 
ships, 435 
in  .cities  of  the  third  class,  shall  be  done  by 

city  treasurer,  820 

duplicates,  when  duplicates  shall  be  issued,  440 

exonerations,  448 

power  to  school  boards  to  make  exonerations,     410 
fraudulent  assessment,  misdemeanor,  433 

levy,  special  tax  can  only  be  levied  when  there  is  a 
levy  for  ordinary  school  purposes,  for  the 
same  year,  414 

time  of  making  the  levy,  394,  391 

unpaid    taxes,   tax    collector    may    levy    upon 

goods  for  unpaid  taxes,  444 

libraries,  purposes  for,  425,  426 

lien  of  taxes,  427 

limitation,  school  tax  limited,  .  401,  402 

injunction,  when  collection  of  will  be  restrained,      423 
ordinary  school  tax  to  be  kept  separate  from  the 

building  tax,  417 

payment  of,  days  and  times  fixed  for  payment  and 

receipt  of  taxes,  446 

per  capita  tax  of  one  dollar  may  be  levied  by  di- 
rectors and  controllers,  403,  405 
public  notice  to  be  given  and  a  reduction  made  for 

prompt  payment,  443 

purposes  for  which  ordinary  school  tax  may  be 

used,  411,412 

reduction  to  be  made  for  prompt  payment,  notice 

to  be  given,  443 

settlements,  duty  of  tax  collector  to  make  settle- 
ments, 447, 449 
settlement  with  tax  collector,  school  directors  are 


INDEX  587 

(The   references  are   to   the   Sections.) 

School  Tax — Continued. 

personally  liable  if  they  make  unlawful  settle- 
ment with  tax  collector,  451 
special  tax,  amount,  the  extent  of  a  special  tax  in 
limited  to  amount  not  exceeding  the  regular 
annual  tax  for  each  year,  414 
collection  of  special  tax,  413 
for  building  purposes,                413,418,420,421,422 
purpose  for  which  it  may  be  used, 

413,418,420,421,422 

time  of  levy,  413 

subjects  not  taxable,  407 

surplus  of  ordinary  school  tax  may  be  used  for  pay- 
ment of  debts  for  building  purposes,  412 
taxables,  kind  of,  398 
tax  collector,  compensation   of  tax  collector,  see 

"tax  collector,"  447 

trust  property,  tax  on,  408, 409 

unpaid  taxes,  annual  meeting  of  tax  collector  and 
board  of  school  directors  to  ascertain  amount 
of  unpaid  taxes,  450 

tax  collector  may  imprison  delinquent  for  un- 
paid taxes  where  there  are  no  goods,  /m 
collector  may  sue  delinquent  for  recovery  of 

unpaid  taxes,  445 

tax  collector  may  levy  upon  goods  for  unpaid 
taxes,  ^<\ 

School  Term. 

days  for  improvement  of  teachers,  524 

minimum,  523 

president  of  board  of  directors  to  certify  the  whole 
number  of  months  the  schools  have  been  kept 

open,  525 

school  month,  526 

Seal. 

department  of  public  instruction,  use  of,  728 

directors,  board  of  school,  60 

Second  Class  School  Districts,  14 

Secretary — See  "directors,"  "controllers." 

board  of  school  directors,  election,  121 

qualify  to,  president,  118 

school  board,  librarian,  district  libraries,  496 


588  GENERAI,  INDEX 

(The   references  are  to   the   Sections.) 

Secretary  Pro  Tempore. 

board  of  school  directors,  181 

Sectarianism. 

appearances  of,  to  be  avoided  in  public  schools,         606 
Bible  is  not  a  sectarianism,  610 

Holy  Scriptures,  reading  of,  not  sectarian  instruc- 
tion, 610 
school  directors,  neglecting  or  refusing  to  suspend 
teachers  wearing  any  religious  dress  or  emblem 
in  public  schools,  guilty  of  misdemeanor,                 608 
teachers,  dismissal  of,  for  violation  of  law,                  608 
wearing   of    religious    dress   or    emblem    pro- 
hibited by  law,                                                         607 
use  of  school  houses,                                                        609 

Sectional  School  Boards. 

cities  of  first  class,  agents,  769 

election,  term,  762 

organization,  report,  767 

powers  and  duties,  766 

secretaries,  768 

Security. 

superintendent  of  public   instruction,   security  of, 
see  "bonds,"  722 

Seminaries. 

taxation,  certain  seminaries  are  exempt  from  tax- 
ation, 407 

Settlement — See  "auditors,"  "taxation,"  "school  tax." 

auditors',  appeal  from,  488 

conclusive,  unless  appeal,  487 

Sexton — See  "janitors." 

school  or  Sunday-school,  of  penalty  for  failure  to 
comply  with  public  health  act,  619,  620 

Sites,  School. 

bonds,  issuing  to  purchase,  372 

condemning  land  for,  see  "eminent  domain,"  304 

county's  land  may  be  taken,  310 

high  school  sites,  how  procured      ,  256 


GENERAL  INDEX  589 

(The   references  are  to   the   Sections.) 

Sites,  School — Continued. 

land  belonging  to  county  may  be  taken  for  educa- 
tional purposes,  310 

occupy,  power  of  directors  to  take  ground  for,  303 

school  sites,  location  of,  303 

public  burial  places  may  be  taken,  313 

report  of  viewers,  307 

view,  land  taken  for,  time,  notice,  303 

Small-pox — See  "vaccination,"  "public  health." 

child   residing  in   house  in   which   any  person   is 

suffering  from,  not  allowed  to  attend  school,          611 
duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  the  names  and  lo- 
cation of  persons  suffering  from,  618 
of  physicians  to  report  to  secretary  of  school 
board  in  townships,  names  and  residences  of 
persons  afflicted,  623 

Smull's  Legislative  Hand-Book. 

copies  for  distribution,  736 

to  be  placed  in  each  public  school,  735 

Societies, 

literary  societies,  296 

Special  Tax— See  "school  tax,"  "taxation." 

amount,  the  extent  of  a  special  tax  in  any  year,  is 
limited  to  amount  not  exceeding  the  regular  an- 
nual tax  for  such  year,  414 
collection  of  special  tax,  413 
levy  of  special  tax,  413 
special  tax  can  only  be  levied  when  there  is  a 
levy  for  ordinary  school  purposes  for  the 
same  year,  414 
misappropriation  of  may  render  directors  person- 
ally liable,  424 
purposes  for  which  special  tax  is  authorized, 

418,420,421,422 
for  which  special  tax  may  be  used, 

413,418,420,421,422 

State  Appropriation. 

division  of,  upon  formation  of  new  district,  29 

forfeit,  failure  to  make  annual  report,  205 


59O  GENERAL  INDEX 

(The   references  are  to  the   Sections.) 

State  Appropriation — Continued. 

forfeited,  for  failure  to  report  salary  paid  teach- 
ers, 595 
high  schools,                                                                     262 
normal  schools,  appropriation  for,                                865 
distribution,                                                                  877 
officers  of  institutions  receiving  state  aid  forbidden 

to  furnish  supplies,  misdemeanor,  892,  893 

order  for,  duty  of  superintendent  to  sign,  725 

received  by  treasurers,  school  board,  147 

withdrawn,   certificate   of   president,   condition   of 

out-houses,  335, 336 

failure  of  president  to  certify,  335,  336 

Statement. 

indebtedness,  annual  statement  must  show  in  de- 
tail, filing,  358 
contents  under  act  April  20,  1874,  358 
statement  of,  for  purpose  of  increasing,  356 
statement  of,  to  be  published  annually,  354 

State  Normal  School — See  "normal  schools." 
State  Librarian. 

supervision  and  inspection  of  free  public  libraries,     521 
Stated  Meeting. 

directors  and  controllers  of,  169 

Statutes — See  "acts  of  assembly  cited,"  page  463. 

act  June  24,  1895,  P.  L.  259,  is  constitutional,  381 

indebtedness,  for  increase  of,  construction  of,  357 

Stationery — See  "books,"  "schools,"  "school  supplies." 

payment  of,  ordinary  school  tax  may  be  used  for 
the  payment  of  stationery  for  use  of  the  school 
board,  411 

Statutory. 

system  of  common  schools  is  purely  statutory,        241,  i 
Stenographer — See  "teachers." 

superintendent  of  public  instruction  authorized  to 
employ,  salary  of,  734 


INDEX  591 

(The   references  are  to   the   Sections.) 

Stenography. 

teachers  of,  593 

Studies — See  "branches." 

high  school,  grades,  261- 

Sub-school  Districts. 

abolishment  of,  267,  268 

cities  of  second  class,  powers  of  directors,  790 

Superintendent,  District. 

in  cities  of  first  class,  770 

Superintendent  of  Common  Schools — See  "superintend- 
ent of  public  instruction,"  "county  superintend- 
ent," "city  and  borough  superintendents,"  "super- 
vising principals,"  718 
certification  of  new  school  district,  39 
taxable   inhabitants,  to  receive   certificate  thereof 
from  county  commissioners,  41 

Superintendent  of  Public  Instruction. 

annual  report  to  legislature,  727 

appointment,  717,  718,  719 

blank  forms,  duty  to  prepare  and  forward,  726 

commission,  required  to  issue,  697 

controversies,  to  settle,  723 

county  superintendent  has  no  authority  to  engage 
in  profession  of  teaching  for  compensation 
and  may  be  removed  by  superintendent  of 
public  instruction,  710 

removal  of,   by  superintendent  of   public   in- 
struction, 710,714,715 
creation  of  office,  717,  718 
may  administer  oath  of  office  to  county  super- 
intendent, 686 
power  to  remove,                                                714,  729 
vacancies  in  office  of,  be  filled  by  superintend- 
ent of  public  instruction,  693 
duty  to  provide  a  seal,  728 
high  school  courses,  supervision  of,                              266 

Superintendent  of  Public  Instruction. 

information,  duty  to  give  relative  to  school  law,        724 
relative  to  rights  and  duties  of  parents,  guar- 
dians, pupils  and  others,  duty  to  give,  724 


592  GENERAI,  INDEX 

(The   references  are  to   the    Sections.) 

Superintendent  of  Public  Instruction — Continued. 

instruction,   provide   uniform   course   of,   for  high 

school,  259 

normal  schools,  duty  to  advise,  861 

notice  of  time  and  place  of  holding  directors'  tri- 
ennial   convention    to    elect    a   county    superin- 
tendent, duty  to  give,  687 
permanent   state    teachers'    certificates,    power   to 

annul,  580 

to  whom  granted,  579 

powers  and  duties,  722 

security  to  be  furnished,  722 

school  board  to  report  amount  of  salary  paid  teach- 
ers, 595 
laws  and  decisions  to  be  bi-ennially  placed  in 

each  public  school,  735 

state  appropriation,  to  sign  order  for,  724 

stenographer,  to  employ,  salary  of,  734 

Smull's  legislative  hand-book  to  be  placed  in  each 

public  school,  735 

summer  assemblies,  lecturers  and  instructors  to  be 

employed,  733 

taxables,  number  of,  to  be  reported  by  county  com- 
missioners, 730 
term  of  office,                                                               717,  719 
teacher's  permanent  certificates,  issuing  of,  575 
vacancies,  filling  of,                                                    720,  721 
Superintendent  of  Schools — See  "county  superintend- 
ent," "city  and  borough  superintendent,"  "super- 
vising principals." 

in  cities  of  first  class,  powers  and  duties,  770 

qualifications  of  applicants,  771 

Supervising  Principal. 

duty  of  supervising  principal,  681 
election  of  supervising  principal,  680 
qualifications  of  supervising  principal,  680 
removal  of  supervising  principal,  681 
townships  having  a  population  of  over  four  thou- 
sand may  elect  a  supervising  principal  of  schools,  680 

Suspension — See  "pupils,"  teachers." 

pupils,  by  committee  of  board,  295 

of  pupils,  294,  295 

high  schools,  from,  249 


INDEX  593 

(The   references  are  to   the   Sections.) 

Suits. 

corporate  name  of  school  districts,  61 

by  or  against  school  districts,  61 

record  of,  against  school  districts,  73 

Suits  in  Equity. 

merged  school  districts,  45 

Summer  Assemblies. 

lecturers  and  instructors,  733 

Summons. 

compulsory  school  law,  form  of  summons,  962 

service  of,  under  compulsory  school  law,  form  of 

service,  963 

in  school  district,  61 

Sunday-school. 

superintendent  of,  penalty  for  failure  to  comply 
with  public  health  acts,  619 

vaccination,  persons  in  charge,  required  to  refuse 
admission  of  any  child  except  upon  a  certificate 
signed  by  a  physician,  613 

System  of  Common  Schools. 

special  and  statutory,  241,  I 

Taxation — See    "tax   collector,"   "school    tax,"    "build- 
tax." 

amount,  minutes  of  school  board  should  show  pro- 
ceedings and  votes  determining  amount  of 
tax,  395,  396,  397 

of  tax,  kind  of  taxables,  398,  399 

of  tax,  legal  requirements  as  to  determining 

tax,  393 

school  board  to  determine  the  amount  of  tax 

annually,  391, 393 

assessment,  additional   assessment  made  of  those 
moving   into    district   between    last   assess- 
ment and  May  ist,  in  each  year,  430 
in  independent  school  districts,  432 
in  new  districts,  431 
of  taxes  in  cities  of  third  class,                                 434 
bond  of  collector  of  school  tax,  form  of,                        940 


594  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Taxation — Continued. 

book  to  be  kept  by  tax  collector  subject  to   in- 
spection, 442 
building   purposes,   special   tax   for  building   pur- 
poses,                                                        413,  418,  420 
tax,  not  to  be  levied  during  division  of  a  town- 
ship or  school  district  or  erection  of  a  bor- 
ough, 416 
collection  of  per  capita  tax,                                     403,  405 
of  taxes  in  boroughs  and  townships,  435 
collector  in  cities  of  third  class,  city  treasurer,  820 
of  tax,  settlement  of  accounts,                                  477 
compensation  of  tax  collector,                                         477 
constitution  provision,  390 
duplicates,  when  duplicates  shall  be  issued,                  440 
exonerations,                                                                        448 
power  of  school  boards  to  make,  minutes,            410 
fraudulent  assessment  of  taxes,  misdemeanor,  433 
funds  raised  by,  security  for  land  taken  for  school 

sites,  303 

in  cities  of  third  class,  823 

indebtedness  of  school  districts,  49 

injunction,  when  collection  of  tax  will  be  restrained,  423 
levy  for   unpaid   taxes,   collector   may   levy   upon 

goods  for  unpaid  taxes,  /\/\/\ 

minutes  of  school  board  should  show  resolu- 
tions and  proceedings  to  levy,  395,  396,  397 
not  to  be  made  by  directors  except  by  affirma- 
tive votes  of  majority,  396 
of  tax,  time,  392 
tax  to  be  levied  but  once  a  year,  392 
time  of  making,                                                   394,  392 
time  of  making  the  levy,  391 
lien  of  taxes,                                                                         427 
libraries,  for  free  public,  503 
library  purposes  for,                                                   425,  426 
limitation,  school  tax  limited,                                   401,  402 
lien  of  taxes,  when  and  how  claims  must  be  filed, 

427,  428 
meeting  of  school  directors  to  determine  amount 

of  tax,  393*395 

minutes  of  school  board  must  show  proceedings 
and  votes  determining  amount  of  school  tax, 

395,  396,  397 
of  board  of  school  directors,  393,  395 


GENERAI,   INDEX  595 

(The   references  are  to   the   Sections.) 

Taxation — Continued. 

misappropriation  of  special  tax  may  render  direc- 
tors personally  liable,  424 
oath  of  tax  collector  of  school  tax,  form  of,  941 
payment  of  taxes,  days  and  times  fixed  for  pay- 
ment and  receipt  of  taxes,                                           446 
per  capita  tax  of  one  dollar  may  be  levied  by  di- 
rectors and  controllers,                                         403 
to  be  in  lieu  of  occupation  tax,                               405 
public  notices  to  be  given  and  a  reduction  made  for 

prompt  payment,  443 

reduction  to  be  made  for  prompt  payment,  public 

notice  to  be  given,  443 

school  tax,  purposes  for  which  ordinary  school  tax 

may  be  used,  411,  412 

settlements,  duty  of  tax  collector  to  make  settle- 
ments, 447 
special  levy,  mandamus  does  not  lie  under  act  Feb. 
28,  1835,  to  compel  directors  to  levy  a  special 
tax  to  pay  districts'  indebtedness,                     419 
tax,  amount,  the  extent  of  a  special  tax  in  any 
year  is  limited  to  amount  not  exceeding  the 
regular  annual  tax  for  such  year,                      414 
tax  collection,                                                              413 
tax  for  building  purpose,           413,  418, 420,  421,  422 
tax,  levy,  can  only  be  levied  when  there  is  a 
levy  for  ordinary  school  purposes,  for  the 
same  year.                                                                414 
tax,  levy  of,  time,                                                       413 
tax,  purposes  for  which  it  may  be  used, 

413,418,420,421,422 

when  ordered,  49 

subjects  not  taxable,  407 

tax  collector,  election  of  tax  collector  in  boroughs 

and  townships,  435 

taxables,  kind  of,  398 

list  of,  to  be  furnished  by  county  commission- 
ers to  board  of  school  directors  and  control- 
lers, 400 
triennial  enumeration  of  taxables,  41 
trust  property,  tax  on,                                               408,  409 
unpaid  taxes,  tax  collector  may  sue  delinquent  for 

recovery  of  unpaid  taxes,  445 

use,  surplus  of  ordinary  school  tax  may  be  used  for 
payment  of  debts  for  building  purposes,  412 


GENERAt 

(The   references   are   to   the    Sections.) 

Taxation — Continued. 

valuation,  last  adjusted,  to  be  procured  from  county 
commissioners  by  secretary  of  board  of 
school  directors,  138,400 

warrant  to  collector  of  school  tax,  942 

Tax  Collector. 

accounts,  settlement  of,  447 
annual  meeting  of  tax  collector  with  board  of  school 

directors  to  ascertain  amount  of  unpaid  tax,  450 

bond  of  tax  collector,  form  of,  490 

removal  of  bond,                                                 436,  439 

book  to  be  kept  open  subject  to  inspection,  442 

certificate    to     county    commissioners    of    unpaid 

school  tax  on  unseated  lands,  form  of,  943 
to  prothonotary  of  unpaid  balance  due  from 

collector,  form  of,  944 

collection  of  special  taxes,  50 

compensation  of  tax  collectors,  447 

election  of  tax  collector,  435 

levy  upon  goods  for  unpaid  taxes,  444 
notice,  tax  collector  to  give  public  notice  and  make 

a  reduction  for  prompt  payment,  443 

oath  of  tax  collector,  439 

form  of,  941 

powers  and  liabilities  of  tax  collector,  441 

receipt  of  taxes,  days  and  times  fixed  for  payment,  446 
settlement,  tax  collector  to  make  monthly  payment 

of  taxes  collected  to  treasurer,  449 
school  directors  are  personally  liable  to  school  dis- 
trict for  unlawful  settlement  with  tax  collector, 

302,451 

unpaid  taxes,  annual  meeting  of  tax  collector  and 
of  school  directors  to  ascertain  amount  of 
unpaid  taxes,  450 

imprisonment,  tax  collector  may  imprison  de- 
linquent for  unpaid  taxes  where  there  are  no 
goods,  444 

levy,  tax  collector  may  levy  upon  goods  for  un- 
paid taxes,  444 
suits,  tax  collector  may  sue  delinquent  for  re- 
covery of  unpaid  taxes,  445 
vacancies,  how  filled,                                               437,  438 


GENERAL   INDEX  597 

(The   references  are   to   the    Sections.) 

Taxes — See  "tax  collector,"  "taxation,"  "school  tax," 
"building  tax." 

adjusted  valuation  to  be  furnished  to  board  of  di- 
rectors and   controllers  by  county  commission- 
ers, 400 
amount  for  school  purposes,  taxables,  399 
legal  requirements  as  to  determining,           393,  395 
school  board  to  determine  amount  of  tax,  an- 
nually,                                                               391,  393 
annual,  for  payment  of  interest  and  indebtedness 

required  by  constitution,  355 

meeting  of  tax  collector  and  board  of  school 
directors  and  controllers  to  ascertain  amount 
.of  unpaid  taxes,  450 

assessment,  additional  assessment  made  of  those 
moving  into  district  between  the  last  assess- 
ment and  first  of  May  in  each  year,  430 
of  taxes,  429 
in  independent  school  districts,                                432 
in  new  school  districts,                                             431 
of  taxes  in  cities  of  third  class,                        434,  823 
book  to  be  kept  by  tax  collector  and  subject  to  in- 
spection, /\/\?. 
building  purposes,  special  tax  for,  413,  418,  420,  421, 422 
tax,  not  to  be  levied  during  division  of  town- 
ship or  school  district  or  the  erection  of  a 
borough,                                                                    416 
tax,   to   be   kept  separate   from   the   ordinary 

school  tax,  417 

claims,  when  and  how  claims  must  be  filed,  428 

collateral  inheritance,  gifts  to  public  library  free 

from,  504 

collection  restrained,  when  collection  will  be  en- 
joined, 423 
collector,  accounts,  settlement  of,  478 
of,  election  of  tax  collector  in  boroughs  and 

townships,  435 

collection  of,  high  school,  257 

of,  in  independent  districts,  8 

of  taxes  in  boroughs  and  townships,  435 

district,  to  be  received  by  treasurer,  147 

duplicates,  when  the  duplicates  shall  be  issued,          440 

evening  schools,  277 

exonerations,  448 


GENERAL   INDEX 
(The   references   are   to   the    Sections.) 

Taxes — Continued. 

power  of  school  boards  to  make  exonerations, 

minutes,  410 

fraudulent  assessment,  misdemeanor,  433 

high  school,  257 

indebtedness,  district  to  provide  annual  tax  to  pay 

principal  and  interest  in  thirty  years,  355 

levy,  not  more  than  once  a  year,  392 

tax  collector  may  levy  upon  goods  for  unpaid 

taxes,  /i/i/i 

time  of  making,  391,  394 

when  cannot  be  made,  40 

libraries,  purposes,  425,  426 

school  directors  may  extend  aid  to  libraries  al- 
ready established,  513 
library,  tax  for  support  of,  not  an  increase  of  in- 
debtedness, under  constitution,                            351 
purposes,  tax  for,                                        501,  503,  522 
lien  of  taxes,                                                                         427 
limitation,  school  tax  limited,                                   401,  402 
ordinary  tax  to  be  kept  separate  from  building  tax,  417 
payment  of,  days  and  times  fixed  for  payment  and 

receipt  of  taxes,  446 

per  capita  tax  of  one  dollar  may  be  levied  by  di- 
rectors and  controllers,  403,  405 
public  notices  to  be  given  and  a  reduction  made  for 

prompt  payment,  443 

purposes  for  which  ordinary  school  tax  may  be 

used,  411,412 

reduction  to  be  made  for  prompt  payment,  public 

notice  to  be  given,  443 

resolution,  to  pay  annual,  for  support  of  library,         351 
settlement  by  directors  with  collector,  302 

settlements,  duty  of  tax  collector  to  make  settle- 
ments, 447 
special,  collector  of,  duties,  50 
tax,  amount,  the  extent  of  a  special  tax  in  any 
year  is  limited  to  amount  not  exceeding  the 
regular  annual  tax  for  such  year,                       414 
tax  for  building  purposes,        413,  418,  420,  421, 422 
tax,  levy,  can  only  be  levied  when  there  is  a 
levy   for  ordinary   sch'ool   purposes   for  the 
same  year,                                                                 414 
surplus  of  ordinary  school  tax  may  be  used  for  pay- 
ment of  debts  for  building  purposes,                         412 


GENERAL   INDEX  599 

(The   references   are   to   the    Sections.) 

Taxes — Continued. 

subjects  not  taxable  for  school  purposes,  407 

tax  collector,  compensation  of  tax  collector,  447 

taxables,  kind  of,  398 

trust  property,  tax  on,  408,  409 

uncollected  tax  of  abolished  school  district,  20 

unpaid  taxes,  annual  meeting  of  tax  collector  and 
board  of  school  directors  to  ascertain  amount 
of  unpaid  taxes,  450 

tax  collector  may  imprison  delinquent  for  un- 
*  paid  taxes,  where  there  are  no  goods,  /j/j/j 

tax  collector  may  levy  upon  goods  for  unpaid 

taxes,  /\/\<\ 

tax  collector  may  sue  delinquent  for  recovery 
of  unpaid  tax,  445 

Taxables — See  "taxation."  390 

county  commissioners  to  report  number  of,  to  su- 
perintendent of  public  instruction,  730 
exemption,  subjects  exempt,                                            407 
subjects  not  taxable,                                                  407 
triennial  enumeration  for  school  purposes,             41,400 

Taxpayer. 

suit  by,  to  enjoin  school  director,  57 

Teachers. 

absent  pupils,  duty  to  report,  542 

admission  of  teachers  from  common  schools  to  nor- 
mal schools,  846 
agreement  between  teacher  and  directors,  form  of,     936 
application  for  state  normal  diploma,  forms  of  ap- 
plications, 951 
appointment  of,  right  of  patrons  to  petition  for  or 

against,  594 

athletics,  288 

attendance  at  city  or  borough  institute  to  be  re- 
ported by  superintendent  to  board  of  school 
attendance   at   county   institute,   penalty   for  non- 
attendance,  644 
at  county  institute  to  be  reported  by  county 

superintendent  to  board  of  school  directors,     651 

report,  form  of,  959 

blanks,  health  authorities  to  furnish  certain  forms,    617 

calisthenics,  examination  in,  293 


6OO  GENERAL  INDEX 

(The   references   are   to   the    Sections.) 

Teachers — Continued. 

certificate,  annulled  by  county  superintendent,  no- 
tice, 703,  704 
countersigning  by  county  superintendent,  702 
for  teaching  in  high  schools,                                     252 
not  necessary  for  teachers  of  stenography  and 

typewriting,  593 

professional,  to  whom  granted,  572 

provisional,  to  whom  granted,  571 

"teachers'  practical  state  certificate,"  form  of,      952 
when  certificate  shall  not  be  granted,  705 

compensation  for  attending  county  institute, 

645,  646,  647,  648 

competent,  failure  of  school  board  to  provide  com- 
petent teachers,  duty  of  county  superintendent,     708 
contract  of  employment,  578 

corporal  punishment,  right  to  use,  602,  603 

county  institutes,  penalty  for  non-attendance,  644 

superintendent  has  no  authority  to  engage  in 
profession  of  teaching  for  compensation,  re- 
moval from  office,  710 
cruelty,  power  of  the  school  board  to  pass  upon  the 

charge  of,  60 1 

days  for  improvement  of,  524 

dismissal,  577 

for  disobedience,  598,  599 

for  disobedience  of  reasonable  rules  of  school 

board,  598 

for  insubordination,  599 

of,  accused  entitled  to  be  heard,  596 

of,  for  immorality,  right  to  be  heard,  596 

of,  for  incompetency,  597 

of,  for  refusing  to  be  vaccinated,  598 

distinction,  unlawful  fo  make  of  race  or  color  on 

account,  198 

election,  587,  589,  590 

of  certain  grades  of,  for  two  or  three  years,        577 

of,  duty  of  directors  to  record  vote,  591 

of,  holding  "permanent  certificates,"  577 

of,  holding  "professional  certificates,"  577 

employment  of,  in  high  schools,  263 

of,  under  act  June  25,  1895,  578 

evening  schools,  employment  of,  275 

qualifications  of,  276 

examination  for  permanent  certificates,  575 


INDEX  6OI 

(The   references   are   to   the    Sections.) 

Teachers — Con  tin  ued. 

of,  by  county  superintendent,  700,  701 

expel  pupils,  power  to,  296 

government  of  schools,  603 

high  schools,  appointment,  249 

dismissal,  249 

employ  of,  252 

qualifications,  252 

salaries,  249 

homes  in,  for  friendless  children,  qualifications,  etc.,  220 
hygiene,  examination  in,  568 

interstate  committee,  582 

institutes,  for  cities  and  boroughs,  652,  653 

loco  parentis,  is  in,  when  child  is  placed  by  parent 

or  guardian  in  school,  602,  603 

mechanic  arts,  288 

minutes  of  school  board,  employment  of  teacher,         591 
monthly  report,  duty  to  make,  585 

names  of,  to  be  sent  to  county  superintendent  by 

secretary  of  school  board,    •  146 

necessary,  failure  to  elect,  188 

office  of,  must  be  settled  by  quo  warranto,  605 

offenses  of  pupils  out  of  school,  604 

pay,  failure,  removal  of  director  for,  189 

permanent  certificate,  committee  on,,  at  city  and 

borough  institutes,  654 

issued  on  recommendation  of  institute  commit- 
tee, 576 

to  whom  granted,  574 

permanent    state    teachers'    certificates,    to    whom 

granted,  579 

physical  culture,  examination  in,  293,  567,  568 

private  teacher,  defined,  545 

qualifications  of,  567 

removal  by  county  superintendent,  notice,          703,  704 

of,  for  bad  moral  character,  notice,  704 

report,  duty  to  make  monthly,  585 

form  of  teacher's  attendance  report,  959 

to,  of  children  between  ages  of  six  and  sixteen, 
form  of  report,  961 

to  make  monthly  to  secretary  of  school  board,     136 
salary,  minimum,  595 

not  entitled  to  recover  for  teaching  on  legal 
holidays,  528 

order  of,  136 


6O2  GENERAL  INDEX 

(The   references  are  to   the   Sections.) 

Teachers — Continued. 

ordinary  school  tax  may  be  used  for  the  pay- 
ment of  teachers' salaries,  411 
salary,  payment  of  orders  for,  150 
stenography  of,                                                                    593 
school  books,  meeting  with  directors  for  selection, 

mandatory,  659, 663 

meeting  with  directors  for  re-election  of, 

656,  659,  660,  663 

notice  to,  of  joint  meeting  for  selection  of,    661,  662 

object  of  meeting  with  board  for  selection  of,      663 

school  directors,  power  over  teachers,  586 

typewriting  of,  593 

vaccination,  right  to  exclude  pupils  for  failure  to 

be  vaccinated,  614 

women  should  not  be  excluded  because  of  their  sex,  519 

Teachers'  Institutes — See  "county  institutes,"  641,651 

see  "city  and  borough  institutes,"  652,  655 

Term. 

end  of,  books,  monthly  report  to  be  deposited  with 

secretary  of  board  of  school  directors,  137 

evening  schools  of,  274 

high  school,  length  of,  253 

manual  training,  night  school,  284 

office  of  school  director,  commencement  of,  124 

expiration  of,  125 

school  to  be  kept  in  operation,  187 

Text  Books— See  "books,"  656 

agents  for  sale  of,  who  cannot  act  as  agents,  mis- 
demeanor, punishment,  673, 674 
Bible,  reading  of,  in  the  public  schools  not  sectarian 

instruction,  610 

is  not  a  sectarian  book,  610 

purchase,  ordinary  school  tax  may  be  used  for  the 

payment  of  school  books,  411 

teachers'  monthly  report  of,  585 

Tie  Vote. 

decide,  how  to,  101 


GENERAL  INDEX  603 

(The   references   are   to   the    Sections.) 

Title. 

adverse  possession,  school  board,  308 

condemned  land,  for  school  sites,  308 

director,  school,  how  settled,  107 

prescription,  by  school  board,  308 

Third  Class  School  District,  15 

Townships. 

a  school  district,  22 

adjoining,  establishing  joint  schools,  232 

joint  schools,  230 

may  establish  joint  high  school,  260 

annexation  of  land  for  educational  purposes,  31 

alterations  of  lines  of  adjoining,  31 

alteration  of  township  lines,  effect,  -20 

auditor,  incompatible  with  that  of  school  director,      109 
ineligible  to  office  of  school  director,  490 

compensation,  486 

report  of,  483 

settlement  of  treasurer's  account,  162 

board  of  health  in,  power  to  make  rules  and  regu- 
lations, 623 
borough  created,  when  no  division  is  caused,  25 
^building  tax,  not  to  be  levied  during  the  division  of 
a  township  or  school  district  or  erection  of  a  bor- 
ough,                                                                                416 
centralization  of  schools,                                                   268 
compensation,    cannot    demand    from    a    borough 
school    district   for   real   estate   annexed   to 
borough,  21 
for  school  property,  lost  by  incorporation  of 

borough,  44 

distinct  from  borough,  when  not,  23 

division  from  borough,  procedure,  24 

of,  effect  of  tax  levy,  40 

every,  a  separate  school  district,  2 

health  board  of,  school  board  to  exercise  powers  of 

in  townships,  623 

high  school,  267 

indebtedness,  collection  of,  49 

how  credited,  51 

joint  high  school,  may  be  established  by,  adjoining,  260 
libraries,  may  be  established  by  adjoining,  515 

merger  of,  into  borough,  38 


604  GENERAI,  INDEX 

(The   references   are   to   the   Sections.) 

Townships — Continued. 

into  borough,  rights  and  liabilities,  38 

merged  into  one  borough  school  district,  53 

nuisances,  abatement  of  by  school  board,  624 

office,  school  director,  exempt  from  serving  in,  108 

part  of,  formed  into  a  borough,  residue  remains  a 

district  as  before,  22 

physicians  in,  duty  to  report  certain  cases  to  sec- 
retary of  school  board,  623 
portion  annexed  to  borough,  existing  debt,  appor- 
tionment;                                                              38,  42,  380 
sanitary  agent,  appointment  of,  form  of  petition,  625,  633 
see  "forms,"                                                                  945 
compensation,                                                                 625 
school  board,  duties  to  make  health  regulations,        626 
not  required  to  act  as  board  of  health  for  a  new 

borough  erected  therefrom,  24 

of,  to  exercise  the  power  of  board  of  health,         623 
school  directors  may  be  compelled  to  organize  as  a 

board  of  health,  627 

districts,  claims  against,  48 

secretary  of  board  of  school  directors,  election,          121 
suits  against,  record  of,  73 

superintendent  of  schools,  election,  676 

tax  collector,  election  of  tax  collector  in  townships,  435 
taxes,  collection  of  taxes  in  township,  435 

township,  superintendent  of  schools,  townships 
having  a  population  of  over  five  thousand  may 
elect  a  superintendent  of  schools,  676 

to  elect  separate  assessors,  3 

vaccination  law  applies  to  and  is  not  limited  to 

cities  and  boroughs,  621 

water  supply,  contract  for,  337 

Township  Superintendent  of  Schools — See  "city  and 
borough  superintendents,"  "supervising  princi- 
pals." 

Transportation. 

children,  attending  school,  234 

contract,  directors  not  to  be  parties  to,  239 

cost  of,  children  attend  school,  237 

pupils,  to  central  school,  267 

to  central  school  under  centralization  system,  271 


GENERAL  INDEX  605 

(The   references  are  to   the    Sections.) 

Transportation  of  Pupils. 

cost  of,  237 

recovery  for,  241 

Treasurer — See  "directors,  board  of  school." 

accounts,  settlement  by  auditors,  appeal,  469 

bond  of  treasurer  of  school  district,  form  of,  939 

city,  when  he  becomes  school  treasurer,  184 

county  treasurer,  accounts  of  county  institutes  to 
be  filed  in  office  of  county  treasurer,  649 

contribution  to  county  institute,  643 

name  and  address  of  board  of  school  directors  to 

be  sent  to  superintendent  of  public  instruction,      134 
order  on  school,  form  of,  938 

school,  when  city  treasurer  becomes,  184 

third  class  cities,  city  treasurer,  shall,  ex-officio,  be 

school  treasurer,  818,  819 

school  accounts,  auditors  settlement  conclusive  un- 
less appeal,  487 
auditors,  presentation  of  claims,  legal  proofs  of,  474 
expenses,  pupils  attending  joint  schools,  238 
tuition  of  pupils  attending  joint  schools,  238 
district  account,  settlement,  476 

Triennial   Convention — See   "convention ;"   see   "direc- 
tors, school." 

convention  of,  684 

directors  expenses  to  be  paid,  misdemeanor  for  can- 
didate to  pay  directors'  expenses,  711,  712 

Truants. 

attendance  officers,  power  of,  536 

disposition  of,  537 

proceedings  against  for  disorderly  conduct,  540 

special  schools  for,  may  be  established,  539 

Trust  Property. 

tax  on,  408,  409 

Trustees. 

hold  real  estate  for  school  purposes,  58 

libraries,  see  "libaries,"  519 

conveyance  by,  58,  59 

discharged,  when  may  be,  58 


606  GENERAL   INDEX 

(The   references  are   to   the   Sections.) 

Trustees — Continued. 

property  conveyed  by  academy  to  common  school 

district,  account,  908 

appointment  of,  905 

bond  of,  907 

duties,  906 

removal  of  trustee,  909 

Tuition. 

children  admitted  to  schools  of  other  districts,  how 

paid,  242 

attending  school   in   adjoining   districts,   how 
paid,  238 

non-resident  pupil  attending  high  school,  payment,     272 
collection  of,  246 

payment  of,  246 

promise  by  non-resident  parent  to  pay,  246 

tuition  in  joint  schools,  how  paid,  338 

Typewriting, 

teachers  of,  593 

Typhus  Fever. 

child  residing  in  house  in  which  any  person  is  suf- 
fering from,  not  allowed  to  attend  school,  611 
duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  the  names  and  lo- 
cation of  persons  suffering  from,  618 
of  physicians  to  report  to  secretary  of  school 
board  in  townships,  names  and  residences  of 
persons  afflicted,  623 

Undertaker. 

penalty  for  failure  to  comply  with  public  health 
acts,  619, 620 

United  States  Flag. 

purchase  of,  by  school  board,  327 

Universities. 

taxation — exempt  from  school  tax,  407 

Vacancies. 

appointment  made  by  school  board,  term,  97 

board  of  public  education,  of  cities  of  first  class,         758 


GENERAL  INDEX  607 

(The   references   are   to   the    Sections.) 

Vacancies — Continued. 

county  superintendent,  how  filled,  693 

directors,  school,  power  to  declare,  171,  172, 173 

election,  at  any,  filling  of,  92 

resignation,  without,  105 

school  board,  filling  thereof  by  the  board,  96 

filling  unexpired  term,  84^ 

how  filled,  80 

school  directors,  when  the  board  may  fill,  94 

superintendent  of  public  instruction,  in  office  of,  720,  721 
tax  collector,  how  vacancies  are  filled,  437,  438 

Vacation. 

school  books,  use  of  during,  655 

Vaccination. 

act  June  18,  1895,  P.  L.  203,  is  constitutional,  622 

borough,  liability  of  for  expenses  incurred  by  local 

board  of  health,  employing  physician,  631 

certificate  of,  must  be  presented  by  pupils,  616 

dismissal  of  teacher  for  refusing  to  be  vaccinated,    598 
is  a  condition  precedent  to  admission  into  the  public 

schools,  616 

janitors,  dismissal  of,  for  refusing  to  te  vaccinated,  598 
parents  of  a  child   who   is   refused   admission  to 
school  because  they  cannot  produce  certificate  of, 
are  not  liable  to  penalty  of  compulsory  educa- 
tion law,  616 
physicians'  certificate  of,  form  of,                                  958 

or  of  small-pox  under  sec.  12,  act  June  18,  1895, 
see  "forms,"  615 

principals  required  to  refuse  admission  of  children 

to  schools  except  upon  physician's  certificate,       613 
school   directors,   right  of,   to   exclude   pupils   for 

failure  to  be  vaccinated,  628 

teachers,  right  of,  to  exclude  pupils  for  failure  to  be,  614 
townships,  act  June  18,  1895,  relating  to  vaccina- 
tion of  school  children  applies  to,  621 

Valuation. 

last   adjusted,   of  taxables   to   be   procured   from 
county  commissioners,  138 


- 


6oS  GENERAL  INDEX 

(The   references  are   to   the   Sections.) 

Variola. 

child   residing  in   house   in   which   any   person   is 

suffering  from,  not  allowed  to  attend  school,  61 1 

duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  the  names  and  lo- 
cation of  persons  suffering  from,  618 
.  duty  of  physicians  to  report  to  secretary  of 
school  board  in  townships  to  report  names 
and  residences  of  persons  afflicted,  623 

Varioloid. 

child  residing  in  house  in  which  any  person  is  suf- 
fering from,  not  allowed  to  attend  school,  611 
duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools  the  names  and  lo- 
cation of  persons  suffering  from,                        618 
of  physicians  to  report  to  secretary  of  school 
board   in   townships   names  and   residences 
of  persons  afflicted,                                                623 

Ventilation. 

school  houses,  321 

View. 

burial  places?  condemning  for  school  purposes, 
time,  notice,  314 

petition  for  appointment  to  annex  land  for  educa- 
tional purposes,  33 

school  sites,  time  of  holding,  notices,  303 

Viewers. 

appeal  from  award,  land  taken  for  library  purposes,  510 

appointment  of,  to  condemn  burial  gjounds,  314 

to  condemn  land  belonging  to  the  county,  312 

when  land  is  taken  for  library  purposes,  508 

burial  grounds,  appeal  from  award  of,  315 

condemning,  duty  of,  314 

compensation,  land  taken  for  library  purposes,  512 

condemning  land,  belonging  to  county,  312 

jury  of,  school  sites,  303 

land  belonging  to  county,  duty  of,  312 

library,  property  taken  for  purposes  of,  notice  of 

meeting,  5°8 

meeting  of,  notice,  view  for  library  purposes,  508 


GENERAL  INDEX  609 
(The   references  are   to   the   Sections.) 

Viewers — Continued. 

report  of,  school  site,  307 

school  sites,  appointment,  303 

to  annex  land  for  educational  purposes,  report  of,  31,  34 

Visit. 

i 

school  directors  duty  of,  203 

Visitation.  \ 

high  schools,  250 

Visiting  Schools. 

duties  of  county  superintendent,  709 

Votes. 

centralization,  268 

election  of  teachers,  duty  of  school  board  to  record,  591 

tie,  how  to  decide,  101 

loses  the  question,  178 

Washington's  Birthday — See  "legal  holidays,"  527 

Ward. 

directors,  number  of,  may  be  increased  to  three  for 

each  ward,  5 

effect  of  change  of  residence,  105 

election  of,  after- decrease  in  number,  IOG 

three  for  each  ward,  4- 

for  school  purposes  in  cities  and  boroughs,  4 

residence,  effect  of  change  of,  105 

school  directors,  decreasing  the  number,  99 

directors,  three  in  each  ward,  79 

property  owned  by  wards,  4 

Warrant. 

collector  of  school  tax,  warrant  to,  form  of  warrant,  942 

school  warrant  not  negotiable,  299 

Water. 

supply — contract  for — term  of  contract,  337 

Water  Closets. 

directors,  removal  for  failure  to  provide  proper,  332 
excrement  and  waste  matter,  duty  of  school  direc- 
tors to  remove,  334 


6 10  GENERAL   INDEX 

(The    references   are   to   the    Sections.) 

Water  Closets — Continued. 

houses,  must  be  separate,  333 

number  and  arrangement"  for  each  school,  331 

school  directors,  petition  for  removal  of  school  di- 
rectors for  failure  to  provide  closets  according  to 
law,  950 

Witnesses. 

auditors  may  compel  the  attendance  of,  475 

competency,  taxpayers,  etc.,  71 

Women. 

teachers,  should  not  be  excluded  because  of  their 

sex,  592 

school  directors,  eligible  to  office  of,  103 

Worship. 

taxation,  places  of  stated  worship  are  exempt  from 
school  tax,  407 

Year,  School. 

close  of,  president's  duty,  132 

Yellow  Fever. 

child  residing  in  house  in  which  any  person  is  suf- 
fering from,  not  allowed  to  attend  school,  611 
duty  of  health  authorities  to  furnish  daily  to  per- 
sons in  charge  of  schools,  names  and  loca- 
tion of  persons  suffering  from,  618 
of  physicians  to  report  to  secretary  of  school 
board  in  townships,  names  and  residences  of 
persons  afflicted,  623 


